| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 547 |
| Hearing date | 5 Nov 2013 |
| Determination date | 28 November 2013 |
| Member | E Robinson |
| Representation | S Austin ; M Hutchins, C Dempster |
| Location | Whakatane |
| Parties | White v Cafe Nikau Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by reduction in hours and unjustifiably dismissed by respondent - Applicant claimed hours previously allocated to applicant allocated to new staff member - Applicant refused to work weekends or cover shifts - Cafe lease expired and respondent sought to sell business - Whether applicant advised of cafe closure - Chef |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicants working hours fluctuated during employment. No evidence applicant objected to hours varying during employment. Reduction in hours due to genuine commercial reasons. Applicant offered alternative hours but refused. Respondent consulted staff regarding reduction in hours. No unjustified disadvantage. Cafe closure due to genuine commercial reasons. Evidence from staff showed respondent notified staff of closure. Applicant aware of cafe closure. Respondent acted in good faith in genuine redundancy situation. No unjustified dismissal. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b) - ERA s103A |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_547.pdf [pdf 215 KB] |