| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 141 |
| Hearing date | 9 Feb 2012 |
| Determination date | 09 July 2012 |
| Member | H Doyle |
| Representation | P Butler ; P Shaw |
| Location | Christchurch |
| Parties | Benge v Canterbury Language College Ltd t/a Canterbury College Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by respondent reducing applicant's hours and unjustifiably dismissed by respondent - Authority found employment relationship between applicant and respondent was permanent and ongoing and decision to reduce applicant's hours unjustifiably disadvantaged applicant - Found respondent took no steps to advise applicant not dismissed when told applicant no more work - Dismissal unjustified and applicant unjustifiably disadvantaged - REMEDIES - No contributory conduct - Respondent to pay applicant $764 reimbursement of lost wages for unjustified disadvantage - $14 compensation for loss of KiwiSaver benefit appropriate for unjustified disadvantage - Respondent to pay applicant $9,818 reimbursement of lost wages for unjustified dismissal - Interest payable - $181 compensation for loss of KiwiSaver benefit appropriate for unjustified dismissal - $8,000 compensation appropriate for unjustified dismissal - English language teacher |
| Abstract | Applicant employed by respondent as English language teacher. Applicant claimed unjustifiably disadvantaged and unjustifiably dismissed by respondent. Applicant claimed hours were reduced unilaterally. Applicant also claimed unjustifiably dismissed whilst in meeting with college director when told no more hours available. Respondent argued applicant was employed on casual basis and was not obliged to offer guaranteed hours per week. Respondent argued did not dismiss applicant merely informed applicant no more hours available.;AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant had allowances for annual leave, sick leave and paid for statutory holidays which were inconsistent with casual working relationship. Employment relationship was permanent and ongoing, and unilateral decision to reduce hours unjustified and caused applicant disadvantage. Found applicant's dismissal was unjustified. Found respondent took no steps to advise applicant to the contrary that applicant had been dismissed when told no more hours of work available. Dismissal unjustified and applicant unjustifiably disadvantaged by respondent's actions. REMEDIES: No contributory conduct. Respondent to pay applicant $764 reimbursement of lost wages for unjustified disadvantage. $14 compensation for loss of KiwiSaver benefit appropriate for unjustified disadvantage. Respondent to pay applicant $9,818 reimbursement of lost wages for unjustified dismissal, interest payable. $181 compensation for loss of KiwiSaver benefit appropriate for unjustified dismissal. $8,000 compensation appropriate for unjustified dismissal. |
| Result | Applications granted (unjustified dismissal and unjustified disadvantage) Reimbursement of lost wages ($764.56)(unjustified disadvantage); Compensation for loss of benefit (KiwiSaver contribution) ($14.15)(unjustified disadvantage) ; Reimbursement of lost wages ($9,818.01)(unjustified dismissal) ; Interest (5%) ; Compensation for lost of benefit (KiwiSaver contribution) ($181.82)(unjustified dismissal) ; Compensation for humiliation etc ($8,000)(unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl1;ERA s103A;ERA s103(1)(b);ERA s128(2);ERA s128(3);Holidays Act 2003;Judicature Act 1908 s83(3);Parental Leave and Employment Protection Act 1987 |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225;McKendry v Jansen [2010] ERNZ 453;Phipps v New Zealand Fishing Industry Board [1996] ERNZ 195;Rush Securities Services Ltd t/a Darian Rush Security v Samoa (2011) 9 NZELR 85;Sam's Fukuyama Service Limited v Zhang [2011] NZCA 608;Wellington, Taranaki & Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 |
| Number of Pages | 16 |
| PDF File Link: | 2012_NZERA_Christchurch_141.pdf [pdf 289 KB] |