| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 395/09 |
| Hearing date | 10 Jun 2009 - 5 Nov 2009 (2 days) |
| Determination date | 10 November 2009 |
| Member | L Robinson |
| Representation | PW Hunt (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Hunt v Pecks Cottage Bakeries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – No appearance for respondent – Respondent reduced applicant’s hours and hourly rate – Applicant argued did not agree to reduction in hourly rate – Respondent claimed applicant agreed to reduced hourly wage and refused to pay full hourly rate – Applicant claimed had no choice but to resign and gave one weeks notice – Applicant asked for final pay and holiday pay – Respondent refused – Respondent paid applicant $1 by direct credit – Authority found applicant resigned – Found employment came to end because of unilateral variation of contract and breach of duty – Found breach serious enough that it was reasonably foreseeable applicant would resign – Dismissal unjustified – REMEDIES – No contributory conduct – Found applicant sufficiently mitigated loss – Reimbursement of lost wages of $6,000 appropriate – Found direct credit of $1 aggravating feature of dismissal – $2,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Authority accepted applicant’s evidence of final three days wages owed – Authority preferred applicant’s evidence of no agreement to reduction in hourly rate – Found holiday pay due and owing – Baker |
| Result | Application granted ; Arrears of wages ($599) ; Arrears of holiday pay ($2,000) ; Interest (4%) ; Reimbursement of lost wages ($6,000) ; Compensation for humiliation etc ($2,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | aa 395_09.pdf [pdf 22 KB] |