| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 78/10 |
| Determination date | 27 April 2010 |
| Member | D Asher |
| Representation | J Davy (Applicant in person) ; R Durney (Respondent in person) |
| Location | Wellington |
| Parties | Davy v Raymond Durney & Chesterton Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant resigned due to erratic payment of wages and resulting pressure and stress – Respondent argued applicant resigned of own free will – Authority found failure to pay wages basis of unjustified constructive dismissal – Dismissal unjustified – REMEDIES – No contributory conduct – Three months reimbursement of lost wages appropriate – $6,500 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Respondent unable to pay wages as company in liquidation – Respondent accepted wages and holiday pay owing – Found wages and holiday pay due and owing – RECOVERY OF MONIES – Respondent denied applicant entitled to compensation for course costs for certificate of horticulture – Found no basis to entitlement to monies – PENALTY – Found respondent in breach of fundamental obligation to pay applicant correctly and regularly for services – No award of penalty due to respondent’s significant financial problems – COSTS – Length of investigation meeting not specified – Found applicant only incurred costs in respect of own time and effort – No order for costs – Orchard worker |
| Result | Application granted ; Arrears of wages ($818.76) ; Arrears of holiday pay ($860.40) ; Reimbursement of lost wages ($1,013.50) ; Compensation for humiliation etc ($6,500) ; Applications dismissed (recovery of monies) (penalty) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | Wages Protection Act |
| Cases Cited | Air New Zealand Limited v V (2009) 9 NZELC 93,209;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | wa 78_10.pdf [pdf 24 KB] |