| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 17/10 |
| Hearing date | 4 Feb 2010 |
| Determination date | 04 February 2010 |
| Member | G J Wood |
| Representation | no appearance ; M Banfield |
| Location | Wellington |
| Parties | Skilton v Infinity Automotive Ltd t/a City Nissan Lower Hutt |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for applicant – Applicant claimed unjustifiably constructively dismissed following changes to commission structure – Respondent argued applicant resigned voluntarily – Applicant became concerned about new commission structure – Applicant consulted on change but did not raise concerns with respondent – Applicant unexpectedly resigned without giving notice – Applicant claimed income unjustifiably affected by change and not getting sufficient work support – Applicant rejected offers to discuss matters – Authority found applicant resigned without raising issues with respondent – Found applicant’s resignation voluntary – Found no constructive dismissal – COSTS – Respondent sought $3,400 costs for applicant’s failure to participate in Authority investigation – Authority found applicant’s claim not vexatious however applicant failed to raise matter with respondent – Found $2,250 reasonable contribution to costs – Costs in favour of respondent – Business Manager |
| Result | Application dismissed ; Costs in favour of respondent ($2,250) |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | wa 17_10.pdf [pdf 14 KB] |