| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 5 |
| Hearing date | 14 Dec 2011 |
| Determination date | 16 January 2012 |
| Member | P R Stapp |
| Representation | K Macneil, V Dryden ; no appearance |
| Location | New Plymouth |
| Parties | Bird v GSL Tarawera Ltd t/a Normanby Hotel |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed and disadvantaged by respondent – No appearance for respondent – Authority found no good cause provided for respondent’s failure to attend investigation meeting - Two weeks after applicant began employment respondent’s director (“H”) starting working for respondent – Applicant’s hours reduced without consultation – Applicant claimed respondent used applicant’s name as duty manager when applicant not at workplace, H would serve herself when intoxicated at workplace and respondent failed to provide adequate training - Applicant attempted unsuccessfully to discuss matters with respondent - Applicant denied received letter from respondent requesting meeting about alleged complaints and incidents – Applicant claimed told by respondent to resign and everything would be forgotten – Applicant resigned – Authority found respondent’s letter retaliatory in response to applicant’s request for meeting – Found respondent had history of being unwilling to meet applicant to discuss issues – Found applicant’s resignation foreseeable given seriousness of matters applicant wanted respondent to address – Found respondent’s use of applicant’s name as duty manager while applicant not at workplace exposed applicant to considerable risk – Unjustified dismissal - Found applicant unjustifiably disadvantaged by unilateral reduction in hours – REMEDIES – No contributory conduct - $3,840 reimbursement of lost wages – Found dismissal had emotional and financial impact on applicant - $8,000 compensation appropriate – PENALTY – Found respondent deliberately failed to provide copy of employment agreement – Found breach ongoing – $3,000 penalty appropriate - Found respondent deliberately failed to provide wage and holiday records - $2,000 penalty appropriate – Found respondent obstructed Authority by failure to appear, lodge statement in reply or provide wage and holiday records - COSTS – Length of investigation meeting not specified - Respondent to pay applicant $2,617 contribution towards costs - Hotel Manager |
| Result | Applications granted ; Reimbursement of lost wages ($3,840) ; Compensation for humiliation etc ($8,000) ; Penalty ($3,000)(Payable to Crown) (Failure to provide copy of employment agreement) ; Penalty ($2,000)(Payable to Crown)(Failure to provide wage and holiday records) ; Costs in favour of applicant ($2,617.40) ; Disbursements in favour of applicant ($71.56)(filing fee) ($80)(professional document server) |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(e);ERA s130(2);ERA s130(4);ERA s135(5);Sale of Liquor Act 1989 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Wellington_5.pdf [pdf 35 KB] |