| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 202/02 |
| Hearing date | 8 Jul 2002 |
| Determination date | 10 July 2002 |
| Member | WRC Gardiner |
| Representation | M Stuart ; E Mann |
| Location | Auckland |
| Parties | Dawson v Aqua Electrical Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Arrears claim settled after personal grievance claims filed in Authority - UNJUSTIFIED DISADVANTAGE - Trial period - No written employment agreement - Breach of ss64, 65, and 67 of Employment Relations Act 2000 amounted to unjustifiable actions - Written agreement could have prevented later disagreement - PENALTY - Sought on same grounds as disadvantage grievance - No separate and additional penalty imposed - UNJUSTIFIED DISMISSAL - Constructive dismissal - Stood down without pay on rainy day and day when supervisor needed time off for personal reasons - Respondent refused mediation and refused to pay - Resigned two days later by telephone - Anger expressed when refusing mediation did not amount to abuse - Refusal to pay amounted to breach of duty - Resignation caused by breach and reasonably foreseeable - Dismissal unjustified - Remedies - Did not mitigate against loss - No reimbursement of lost wages awarded - COSTS - No lawyers fees as represented by family member - Awarded filing fee |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($70)(filing fee) |
| Statutes | ERA s3;ERA s64;ERA s65;ERA s67;ERA s103(1)(b) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers' IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;Holley v Country Foods NZ Ltd unreported, Goddard CJ, 24 April 1996, WEC 20/96;Northern Clerical etc Workers Union v Emery Custom Brokers NZ Ltd [1990] 1 NZILR 634;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington etc Clerical Workers' Union v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 16 |
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