| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 130/10 |
| Hearing date | 25 Mar 2010 - 26 Mar 2010 (2 days) |
| Determination date | 14 June 2010 |
| Member | H Doyle |
| Representation | I Thompson ; F Lee |
| Location | Auckland |
| Parties | Yuan v New Zealand Zhengda Trading Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal – Applicant claimed respondent’s breaches of employment agreement (“EA”) sufficiently serious to cause actual or constructive dismissal – Respondent argued no breach of EA and no unjustified dismissal – Respondent convicted of theft of wages – No claim for arrears of wages made in Authority – Applicant claimed respondent breached EA by unilaterally requiring applicant to work hours exceeding hours provided in EA – Claimed required to work on respondent’s private farm – Claimed had no time off – Claimed respondent restricted applicant’s freedom of movement and limited access to food – Respondent argued applicant received rent free accommodation and food – Argued applicant voluntarily worked on farm to associate with other people – Argued applicant’s performance poor and misrepresented skills – Argued applicant committed serious misconduct – Applicant left workplace and did not return due to deterioration of employment relationship – Respondent advised Immigration Department employment relationship terminated – Personal grievance raised – Authority found probable applicant worked longer hours than provided in EA – Found although applicant went to farm to socialise, likely respondent expected applicant to work in both workplace and farm – Found applicant had no time off throughout employment relationship – Found respondent breached health and safety obligations – Found respondent did not implement formal performance monitoring process to assess applicant’s performance – Found respondent’s breaches of EA sufficiently serious to constitute actual or constructive dismissal – REMEDIES – No contributory conduct – Found $7,000 global compensation appropriate given short duration of employment relationship and repayment of wages ordered by District Court – COSTS – Two day investigation meeting - Authority found $2,600 reasonable contribution to legal aid costs, plus $220 disbursements appropriate – Chef |
| Result | Applications granted ; Compensation for humiliation etc ($7,000)(Global compensation) ; Costs in favour of applicant ($2,600) ; Disbursements in favour of applicant ($70)(Filing fee)($150)(Hearing fee) |
| Main Category | Personal Grievance |
| Statutes | Wages Protection Act 1983 s12A |
| Number of Pages | 14 |
| PDF File Link: | ca 130_10.pdf [pdf 44 KB] |