| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 24/10 |
| Hearing date | 17 Jun 2009 |
| Determination date | 20 January 2010 |
| Member | L Robinson |
| Representation | J Koning (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Koning v Industrial Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for respondent - Applicant’s evidence preferred - Applicant claimed respondent’s manager (“H”) used abusive language towards applicant giving applicant no alternative but to resign – Respondent argued no constructive dismissal – Applicant unable to commence duties as truck battery flat – H became angry at situation and used abusive and racist language towards applicant – Applicant resigned stating “left with no alternative but to resign” due to H’s conduct – Authority found H’s conduct serious breach of duties owed to applicant – Found breach caused resignation – Found unjustified constructive dismissal – REMEDIES – No contributory conduct – $5,000 compensation appropriate – Reimbursement of three months lost wages – COSTS – Applicant self-represented - Supervisor/Operator |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($3,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 6 |
| PDF File Link: | aa 24_10.pdf [pdf 24 KB] |