| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 50 |
| Hearing date | 5 Mar 2013 |
| Determination date | 06 March 2013 |
| Member | D Appleton |
| Representation | G Clarke ; J McGlashan |
| Location | Timaru |
| Parties | Smith v Craig's Men's Hairdressers (2010) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant dismissed during notice period of resignation - Whether applicant attempted to blackmail respondent by threatening to work for respondent's competition - Whether applicant barred from working for competitor - BREACH OF CONTRACT - Applicant claimed respondent breached employment agreement by not providing applicant with full time work - Hairdresser |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Complete lack of process. Unlikely applicant attempted to blackmail respondent as applicant gave longer notice period and did not walk out then and there". Immaterial applicant told respondent applicant was going to work for competitor. No clause in employment agreement barring applicant from working for competitor. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,800 reimbursement of lost wages. $750 compensation appropriate.;BREACH OF CONTRACT: No binding agreement between parties that applicant would receive minimum of 40 hours per week. No breach of contract. No penalty." |
| Result | Application granted (unjustified dismissal); Reimbursement of lost wages ($2,800); Compensation for humiliation etc ($750); Application dismissed (breach of contract); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA - ERA s124 - ERA s124(1)(c)(i) - ERA s128 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_50.pdf [pdf 180 KB] |