| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 143/02 |
| Hearing date | 14 May 2002 |
| Determination date | 16 May 2002 |
| Member | WRC Gardiner |
| Representation | G Gray ; J Mullany |
| Location | Auckland |
| Parties | Gray v Mrs Higgins Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Offer and acceptance of position in business under construction - Construction never completed - Given alternative work - Resigned two months after commencement date - Alleged applicant given alternative position for interim - Could have refused position as not sufficiently similar to one promised - Entitled to resign in circumstances - Resignation foreseeable and caused by respondent - Constructive dismissal established - COSTS - Successful personal grievance - 2 hour investigation meeting - Failure to file statement in reply hindered co-operation - Forced counsel to prepare for all possibilities - Counsel did not attend investigation meeting - Meeting of short duration - Reasonable contribution appropriate |
| Result | Application granted ; Reimbursement of lost wages ($2,645) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($1,000) |
| Statutes | EAR r8(3);ERA s159 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Districts Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 ; (1985) ERNZ Sel Cas 136;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;Northern Clerical etc Union v Emery Customs Brokers NZ Ltd [1990] 1 NZILR 634 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |