| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 78 |
| Hearing date | 27 Feb 2013 |
| Determination date | 02 May 2013 |
| Member | M B Loftus |
| Representation | M Thomas ; A Higgins |
| Location | Invercargill |
| Parties | Hyde v Winton Hotel (2002) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent - No signed employment agreement – Reduction of hours - Whether applicant agreed to be available on day off - Applicant alleged to have second job – Respondent began training new staff - ARREARS OF WAGES – Applicant sought arrears of wages - Two days sick leave |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No guarantee applicant would receive hours expected. Applicant’s conduct suggested accepted hours given. Respondent reduced applicant’s hours without justification. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $1,500 compensation appropriate.;ARREARS OF WAGES: Applicant entitled to sick leave - Respondent to pay applicant two days arrears of wages |
| Result | Applications granted ; Reimbursement for lost wages (quantum to be determined) ; Compensation for humiliation etc ($1,500) ; Arrears of wages (two days) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Holidays Act 2003 s63 – ERA s 124 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;Wellington, Taranaki and Malborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_78.pdf [pdf 167 KB] |