| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 219 |
| Hearing date | 16 Oct 2013 |
| Determination date | 22 October 2013 |
| Member | M B Loftus |
| Representation | W Heal ; A Higgins |
| Location | Takaka |
| Parties | Page v Rhymics Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant worked for previous owners of hotel – Applicant given written employment agreement shortly before respondent purchased hotel – Respondent initially implemented roster prepared by previous owner – Respondent sent draft employment agreements to staff – Draft agreement offered same terms as existing agreement – Agreements allowed respondent to vary working hours – Applicant refused to sign due to hourly rate – Applicant claimed to be duty manager - Whether parties agreed to higher rate – Whether respondent had policy of only employing female staff – Whether respondent introduced new roster with no shifts for applicant – Whether changes temporary – Applicant left premises – Applicant failed to return for two rostered shifts – Whether applicant constructively dismissed – Barman |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s duty manager certificate expired with sale of hotel. Considerable range in hours worked by applicant prior to sale. Applicant not full time employee. Variation of hours temporary. Respondent within rights to reduce applicant’s hours. No constructive dismissal. Payment of final pay amounted to permanent sending away. No suggestion applicant mentioned resignation. Employment agreement provided abandonment required absence of three shifts and reasonable inquiries from respondent. Applicant dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,840 reimbursement of lost wages. $1,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($3,840) ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s124;ERA s128(2) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372;Gorrie Fuel (SI) Ltd v Gittoes unreported, Couch J, 8 November 2007, CC21/07;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_219.pdf [pdf 160 KB] |