| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 138 |
| Hearing date | 3 Sep 2013 |
| Determination date | 05 November 2013 |
| Member | M Ryan |
| Representation | T Wilson ; no appearance |
| Location | Wellington |
| Parties | Waitoa v Daddy O's Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by respondent altering terms of employment and failing to act in good faith while bargaining for written employment agreement - Applicant claimed unjustifiably dismissed by respondent – Applicant claimed pressured to sign written employment agreement although did not reflect agreed terms and conditions - Warning for consuming food in front of customers - Change in hours of work with no consent - No appearance for respondent - Duty Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant unjustifiably disadvantaged by respondent’s approach to securing signed employment agreement as not conducted in good faith or actions of fair and reasonable employer. Applicant unjustifiably disadvantaged by respondent’s warning as given no opportunity to respond. Respondent’s actions in reducing applicant’s hours of work without agreement fundamental breach of terms and conditions of employment. Foreseeable that applicant would end employment relationship as consequence of employer’s actions. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,996 reimbursement of lost wages. $6,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($12,996) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(b);ERA s63A;ERA s63A(2);ERA s103A;ERA s103A(3);ERA s128(2);ERA Second Schedule cl12 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372;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;Weston v Advkit Para Legal Services Ltd [2010] NZEMPC 140 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Wellington_138.pdf [pdf 317 KB] |