| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 55/02 |
| Hearing date | 15 May 2002 - 16 May 2002 (2 days) |
| Determination date | 05 June 2002 |
| Member | H Doyle |
| Representation | I Thompson ; L Penno |
| Location | Christchurch |
| Parties | Hubbard v Thorburn |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Constructive dismissal - Whether dismissed or resigned - Warning issued 6 weeks into employment - Given impression at review two weeks later that he was dismissed - Continued working what he believed to be notice period - Letter requesting reasons for dismissal not responded to for 10 days - Letter in response stated applicant not dismissed - Argument following day gave applicant impression again he had been fired - Left worksite - Employment terminated by resignation - No breaches sufficiently serious to lead to resignation - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Delay in initially notifying applicant there was no dismissal amounted to unjustified disadvantage - Loss of security of employment - Disadvantaged by being led to believe he should use own bike - Only clarified 3 weeks into employment when written agreement specified farm bikes to be used - Disadvantaged by not receiving accommodation provided for in agreement - PENALTY - No failure to comply with s64 Employment Relations Act 2000 - No penalty - Herd manager |
| Result | Application granted in part ; Compensation for humiliation etc ($3,500) ; Reimbursement of lost benefit (Quantum reserved)(Accommodation) ; (Quantum reserved)(Bike allowance) ; Costs reserved |
| Statutes | ERA s64;ERA s68 |
| Cases Cited | Alliance Freezing Co (Southland) Ltd v NZ Amalgamated Engineering etc IUOW [1989] 3 NZILR 785 ; [1990] 1 NZLR 533;Auckland Hotel, Hospital etc IUOW v King Size Burgers Ltd [1980] ACJ 199;Poverty Bay Electric Power Board v Atkinson [1992] 3 ERNZ 413 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |