| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 19 |
| Hearing date | 18 Jan 2011 |
| Determination date | 02 February 2011 |
| Member | J Crichton |
| Representation | R Hancock ; P Hall |
| Location | Christchurch |
| Parties | Robinson v First Direct Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Applicant claimed new performance standards unachievable and not paid minimum wage – Authority found new employment agreement developed to resolve applicant’s problem – Found genuine dispute between parties as to actual hours of work and entitlement to minimum wage - Found respondent did not actively seek applicant’s resignation – Found resignation not reasonably foreseeable – Found no breach of duty to applicant – Applicant offered training and given period of leave to allow applicant to return to work with new outlook – Found respondent tried to maintain employment relationship – No dismissal – ARREARS OF WAGES – Applicant claimed not paid minimum wage during course of employment with respondent – Parties unable to agree on principles to apply to calculation of monies owed to applicant – Found applicant not entitled to payment for time using employer’s vehicle running between home and work – Found applicant not entitled to payment after logged off system – Found applicant did not understand principles to apply to maximise income – Found respondent used best endeavours to explain principles to applicant – Found entitlement to minimum wage began at point applicant logged onto system and ended at point applicant logged off – Parties to use respondent’s spreadsheet to agree on any entitlements outstanding – Taxi Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Minimum Wage Act 1983 |
| Number of Pages | 12 |
| PDF File Link: | 2011_NZERA_Christchurch_19.pdf [pdf 42 KB] |