| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 110 |
| Hearing date | 26 Feb 2013 |
| Determination date | 14 June 2013 |
| Member | C Hickey |
| Representation | J Wilson ; K Campbell |
| Location | Oamaru |
| Parties | Molloy v The RJ & DE Smaill Partnership t/a Ladybird Hill |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide employment agreement and unilateral changes to terms and conditions of employment – Applicant claimed unjustifiably dismissed by respondent – No employment agreement – Respondent understaffed – Long hours – Emotional outburst – Whether applicant demoted – Whether intention to reopen restaurant – Applicant legally aided – Restaurant manager |
| Abstract | AUTHORITY FOUND –;UNJUSTISFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Authority ordered non-publication of respondent’s financial accounts. Applicant unjustifiably disadvantaged by reduction in managerial status. Engagement of second chef over holiday period not agreed term or condition of applicant’s employment. Applicant unjustifiably disadvantaged by respondent’s failure to provide employment agreement. Decision to close business fair and reasonable and genuine business decision. Respondent failed to consult applicant. Dismissal unjustified. REMEDIES: No contributory conduct. $4,500 compensation appropriate. |
| Result | Applications granted ; Compensation for humiliation etc ($4,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(1A)(b);ERA s4(1A)(c);ERA s63A;ERA s65;ERA s103A;ERA s103A(3);ERA s124;ERA Second Schedule cl10(1) |
| Cases Cited | Rittson-Thomas (t/as Totara Hills Farms) v Davidson (2013) 10 NZELR 391 |
| Number of Pages | 15 |
| PDF File Link: | 2013_NZERA_Christchurch_110.pdf [pdf 212 KB] |