| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 80 |
| Hearing date | 26 Nov 2012 |
| Determination date | 06 May 2013 |
| Member | C Hickey |
| Representation | A Oberndorfer ; L Ryder |
| Location | Christchurch |
| Parties | Manson v Maples Lifecare (2005) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal – Applicant claimed unjustifiably disadvantaged by reduction in hours and disciplinary meeting and unjustifiably dismissed by respondent – Applicant refused to work certain shifts due to family circumstances – Respondent offered applicant day shifts but applicant refused - Meeting held to discuss applicant’s performance - Alleged assault of co-worker – Applicant’s probationary period extended - GOOD FAITH – Applicant claimed respondent breached duty of good faith when rostering applicant for fewer hours - COUNTERCLAIM - PENALTY - BREACH OF CONTRACT – Respondent sought penalty for applicant’s refusal to work weekend shifts - Caregiver |
| Abstract | AUTHORITY HELD –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant employed on basis applicant available to work weekends. Applicant aware of responsibility to find cover if unavailable. Respondent notified applicant likelihood of fewer hours due to applicant’s unavailability. Respondent acted as if negotiating variation of employment agreement. Applicant not unjustifiably disadvantaged by reduction in hours. No 90 day trial period. No notice of possible extension to probationary period prior to meeting. No opportunity for support person. No constructive dismissal but applicant unjustifiably disadvantaged by respondent’s failure to follow fair process in disciplinary meeting. REMEDIES: $2,000 compensation appropriate.;GOOD FAITH: Respondent sought to accommodate both parties needs by offering applicant different shifts. No breach of good faith.;COUNTERCLAIM - PENALTY - BREACH OF CONTRACT: Applicant bound by employment agreement to work weekends. In circumstances no breach of agreement term. Parties in process of negotiating variation but unable to agree. No breach of contract. No penalty. |
| Result | Applications partially granted; Compensation for humiliation etc ($2,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s67A – ERA s67B - ERA s103A – ERA s103A(1)(b) – ERA s103A(3) – ERA s124 ERA s134 – ERA s135(2)(a) |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Christchurch_80.pdf [pdf 210 KB] |