| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 475/10 |
| Hearing date | 9 Nov 2010 |
| Determination date | 09 November 2010 |
| Member | R Larmer |
| Representation | no appearance ; R Commins |
| Location | Auckland |
| Parties | Ali v Moyes Motor Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – No appearance for applicant – Applicant claimed constructively dismissed – Respondent claimed applicant resigned because unhappy with job – Applicant claimed told to sign resignation letter or would be removed from premises – Authority found respondent did not want applicant to leave and did nothing to instigate decision to resign – Authority rejected applicant’s allegation did not receive proper training which compromised ability to do well – Found considerable training and support for staff – Found applicant failed to discharge onus establishing dismissal occurred – Found resignation of own initiative and motivated by lack of confidence and various personal issues – No dismissal – ARREARS OF WAGES – Respondent discovered applicant not paid minimum wage for all hours worked – Respondent agreed wages due and owing – Applicant claimed not paid commission for car sold before resignation but not delivered to buyer at time employment ended – Found not entitled to commission for car sold but not delivered to purchaser according to employment agreement – COSTS – Respondent did not seek costs – Costs to lie where they fall – Sales Person |
| Result | Application dismissed (unjustified dismissal) ; Application granted (arrears of wages) ; Arrears of wages ($2,544.60) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s173;ERA s173(2B);ERA s173(2B)(a);ERA s173(2B)(b) |
| Number of Pages | 6 |
| PDF File Link: | aa 475_10.pdf [pdf 23 KB] |