| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 307 |
| Hearing date | 14 Jul 2014 |
| Determination date | 15 July 2014 |
| Member | R Arthur |
| Representation | G Bennett ; M Whitehead |
| Parties | Shulruf v Yoghurt Sensations Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by the respondent's failure to notify applicant of store closure and unjustifiably dismissed by respondent - Respondent claimed applicant not dismissed as offered employment at different store - ARREARS OF WAGES - Applicant sought arrears of wages |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Requirement respondent provide applicant information and opportunity to comment on proposed decisions likely to have adverse effect on employment. Respondent breached obligations of fair treatment and good faith. Applicant unjustifiably disadvantaged by respondent's failure to notify applicant of store closure. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,472 reimbursement of lost wages. $3,000 compensation appropriate.;ARREARS OF WAGES: Parties reached agreement on wage arrears at investigation meeting. Respondent to pay applicant $600 arrears of wages. |
| Result | Applications granted; Reimbursement of lost wages ($2,472.52); Compensation for humiliation etc ($3,000); Arrears of wages ($600); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);ERA s4(1A)(c);ERA s103A;ERA s124;ERA s174 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;New Zealand Woollen Workers IUOW v Distinctive Knitwear NZ Ltd (1990) ERNZ Sel Cas 791 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_307.pdf [pdf 309 KB] |