| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 297 |
| Hearing date | 20 May 2013 |
| Determination date | 11 July 2013 |
| Member | J Crichton |
| Representation | F Tui (in person) ; C Watson |
| Location | Auckland |
| Parties | Tui v Kids Care Childhood Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant promised minimum number of hours – Whether applicant permanent or casual employee – No employment agreement – Applicant queried lack of employment agreement – Applicant alleged to have interacted inappropriately with customer, threatened and bullied colleagues and provided limited details about actions of colleague – Respondent raised concerns with applicant – Applicant not offered further work – Respondent proposed restructuring – Applicant’s position disestablished – Respondent paid applicant’s final pay |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Employment provided as and when work required. Unsigned employment agreement suggested no guarantee of work. Pay slips referred to applicant’s employment as casual. Applicant casual employee. Respondent not under any duty to provide continuing work to casual employee. Appropriate for respondent to resolve concerns before returning applicant to roster. Applicant did not engage in good faith to resolve concerns. Relationship came to end because of applicant’s failure to engage. No constructive dismissal. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_297.pdf [pdf 166 KB] |