| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 31/10 |
| Hearing date | 20 Oct 2009 |
| Determination date | 16 February 2010 |
| Member | J Wilson |
| Representation | M McKenzie ; G Dalley |
| Location | Christchurch |
| Parties | McKenzie v Gareth Dalley Contracting Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant resigned – Applicant argued required to work excessive hours – Applicant claimed final pay should have included payment for additional hours worked – Applicant claimed required to drive with loads heavier than allowed by licence and resignation precipitated by not being prepared to take further risks – Respondent argued no agreement to overtime and applicant made no objection to driving outside licence provisions – Respondent raised performance issues with applicant and claimed that caused resignation – Authority rejected applicant’s argument had no option but to resign – Authority accepted respondent’s assertion applicant knew working arrangements – Found well within applicant’s power to refuse to drive in breach of licence – Found applicant not required to break law – Found applicant not constructively dismissed – ARREARS OF WAGES – Applicant sought payment for additional hours worked – Employment agreement provided for 40 hours per week – Respondent argued understood between parties excess hours in summer offset by shorter winter hours – Found applicant paid in accordance with agreement – Found applicant not entitled to further payment – RECOVERY OF MONIES – Applicant claimed deduction of bond money from final pay illegal – Applicant sought to recover bond money deducted from final pay – Found deductions permitted for lawful purpose with consent from employee – Respondent relied on provision in employment agreement for deduction – Found respondent not entitled to deduct bond money – Found money owing to respondent and parties should agree between themselves as to payment – Machinery operator |
| Result | Applications dismissed (constructive dismissal) (arrears of wages) ; Application granted (recovery of monies) ($1,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | Wages Protection Act 1983 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 |
| Number of Pages | 10 |
| PDF File Link: | ca 31_10.pdf [pdf 28 KB] |