| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 122/09 |
| Hearing date | 27 Aug 2009 |
| Determination date | 28 August 2009 |
| Member | P R Stapp |
| Representation | No appearance ; J Hausermann, A Schirnack |
| Location | Napier |
| Parties | Mansfield v Waiaua Bay Farm Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for applicant - Respondent received complaints from guests and other employees about quality of applicant’s room servicing - Complaints raised with applicant - Applicant left work four hours early - Applicant did not attend work on next three days - Respondent requested applicant attend disciplinary meeting to find out why had not attended work - Applicant advised supervisor would not attend - Applicant did not return to work - Attempts to organise mediation failed - Respondent denied forced applicant to resign - Respondent argued were other reasons associated with applicant’s employment that could have been reason for decision not to return - Authority found no constructive dismissal - Application dismissed - ARREARS OF WAGES - Respondent claimed applicant paid all wages owing - Respondent’s evidence accepted - Authority found applicant provided insufficient evidence to establish wages owed - Application dismissed - Authority noted workers leaving New Zealand permanently or on vacation or for overseas experience needed to know that applications filed in Authority not going to be left open indefinitely - Housekeeper |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 6 |
| PDF File Link: | wa 122_09.pdf [pdf 22 KB] |