An employee has resigned after her employer failed to provide her with an employment agreement, failed to pay her the minimum wage, and failed to pay her sick leave entitlement. The employee was also not paid during the annual closedown period and was unable to take annual leave.

The Employment Relations Authority upheld the employee’s personal grievance claim for unjustified disadvantage. However, the ERA held that despite the employee suffering these disadvantages in her employment, the employee was not constructively dismissed as the employer had been willing to discuss and resolve the employee’s concerns.

The ERA ordered the employer to pay the employee $4,000 in compensation for humiliation, loss of dignity, and injury to feelings.