| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 273/10 |
| Hearing date | 16 Mar 2010 |
| Determination date | 11 June 2010 |
| Member | K J Anderson |
| Representation | S Scott ; M Rush |
| Location | Hamilton |
| Parties | Williams v Niue Honey Company New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed as given no option but to resign – Claimed breach of good faith – Altercation occurred between applicant and co-worker – Applicant claimed respondent advised other employees no longer wanted to work with applicant – Claimed respondent advised in any event, no work available – Respondent accepted advised applicant to consider resigning as limited work available – Applicant claimed subsequently advised did not want to resign – Parties discussed issue and applicant agreed to resign after respondent made clear little work available – Respondent agreed to pay applicant forklift course and final wages as settlement for agreed resignation – Applicant claimed no full and final settlement made – Personal grievance raised – Authority found applicant had work relationship problems with other employees which led respondent to take steps to address matter – Found steps taken to address matter unjustified as applicant given choice between resigning or dismissal – Found applicant preferred not to resign but had no other tangible option – Found circumstances most probably constituted employer embarking on course of conduct with purpose of coercing resignation – Found applicant constructively dismissed – REMEDIES – Authority found reinstatement impracticable due to seasonal nature of work – No contributory conduct - Reimbursement of three months lost wages less one month’s pay for notice period and two days sick leave – $2,000 compensation appropriate – PENALTY – Applicant sought penalty for failure to provide written employment agreement – Authority found no evidence matter discussed between parties – Found while actions unjustified, no breach of good faith warranting penalty – Penalty declined – Beekeeper |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Penalty) ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s65;ERA s103A;ERA s124;ERA s128(2);ERA s128(3) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 |
| Number of Pages | 7 |
| PDF File Link: | aa 273_10.pdf [pdf 26 KB] |