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Disciplinary Guide & Notes

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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...
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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
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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...
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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
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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.

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