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Constructive Dismissal and NZ Employment Law
Gray v Best Removals Otago Ltd 30 March 2010 CA 81/10
P Cheyne [Employment Relations Authority - Christchurch] UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed following disciplinary meeting – Respondent argued applicant resigned voluntarily – A... Application granted (Arrears of holiday pay) ; Applications dismissed (Unjustified dismissal)(Arrears of wages) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved Kevey v Inspire Enterprises Ltd 18 November 2009 AA 412/09 J Wilson [Employment Relations Authority - Auckland] UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unilateral change of employment agreement (“EA”) and respondent’s refusal to discuss employment concern... Application granted (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage) (Penalty) ; Reimbursement of lost wages ($3,992) ; Compensation for humiliation etc ($6,000) ; Costs rese... Download PDF Bennett v Bright Wood New Zealand Ltd 28 October 2009 CA 186/09 P Montgomery [Employment Relations Authority - Christchurch] UNJUSTIFIED DISMISSAL – Constructive Dismissal – UNJUSTIFIED DISADVANTAGE – Applicant alleged constructively dismissed by employer who embarked on course of conduct with deliberate p... Application dismissed ; Costs reserved Download PDF Kumar v Hobden Screen Art 2007 Ltd 15 June 2009 AA 182/09 J Wilson [Employment Relations Authority - Auckland] UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following underpayment of wages and breach of duty –Applicant immigrant worker and commenc... Applications granted ; Reimbursement of lost wages and holiday pay ($2,937.60) ; Underpayment of wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($4,000) ; Costs reserve... Download PDF Andrew Yong t/a Yong & Co Chartered Accountants v Chin 20 June 2007 AC 37/07 Perkins, J [Employment Court - Auckland] DE NOVO CHALLENGE TO DETERMINATION OF EMPLOYMENT RELATIONS AUTHORITY – Unjustified dismissal – Constructive dismissal – Plaintiff loaned money to defendant’s husband – Lo... Challenge dismissed ; Reimbursement of lost wages ($3,653.85) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay ($2,192.31 plus interest) ; Costs reserved PDF file not available for download. Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc 23 February 1994 CA 109/92 Cooke P, Hardie Boys J, Fisher J [Court of Appeal] COURT OF APPEAL - Appeal against decision of Employment Court - Constructive dismissal - Whether established on facts - Test for breach of duty category - Whether termination caused by breach of duty ... Appeal dismissed, $2000 costs plus disbursements awarded to respondent. PDF file not available for download. Auckland & Gisborne Amalgamated Society of Shop Employees and Related Trades etc IUOW v Woolworths (NZ) Ltd 03 April 1985 CA 150/84 Woodhouse P, Cooke J, Richardson J [Court of Appeal] Appeal from decision of Arbitration Court - CONSTRUCTIVE DISMISSAL - Worker accused of dishonesty - Worker resigned after being confined for some time and interrogated by representatives of employer -... Referred back to Arbitration Court for reconsideration PDF file not available for download. Wellington, Taranaki & Marlborough Clerical etc IUOW v Greenwich V.V. & C.F. (t/a Greenwich & Associates Employment Agency & Complete Fitness Centre) 23 December 1983 AC 189/83 Williamson, J ; Jacobs & Oldham [Arbitration Court] DISMISSAL - Whether unjustified - Whether a constructive dismissal - Review by Court of fundamental principles - Agreed terms of contract of service unilaterally varied by employer - Breach - Whether ... Compensation $400, Wages $419.99 PDF file not available for download. Disclaimer & Acknowledgement
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