| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 153/02 |
| Hearing date | 22 May 2002 |
| Determination date | 22 May 2002 |
| Member | R A Monaghan |
| Representation | C Wilson ; No appearance |
| Location | Auckland |
| Parties | Wilson v Usit Beyond Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance for respondent - Constructive dismissal - Respondent directors borrowed money for parent company - Directors resigned - Company placed in receivership - Applicant left to organise respondent business without support - Sold respondent business - Resigned due to pressure of role and possible personal liability for business decisions - Placed in difficult and unfair position - Resignation reasonably foreseeable - Constructive dismissal claim made out - Remedies - Respondent sold - No obligation to reemploy applicant - Reimbursement limited to reasonable notice period - ARREARS OF HOLIDAY PAY - Alleged non-payment of holiday pay - Arrears claim made out - General manager |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($7,500) ; Arrears of holiday pay ($1,976.16) ; Costs in favour of applicant ($70) |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |