| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 139 |
| Hearing date | 4 Sep 2014 |
| Determination date | 09 September 2014 |
| Member | M B Loftus |
| Representation | N Gladding (in person) ; G Dunstan |
| Location | Queenstown |
| Parties | Gladding v Softail Services Ltd t/a The Lodge Glenorchy |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant's set hours removed unilaterally - Whether applicant casual employee - Whether applicant resigned - Whether respondent could no longer sustain applicant's hours - Bar |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No employment agreement to support respondent's position applicant casual employee. Applicant worked regular hours and work pattern not that of casual employee. Applicant part time employee. Reduction of employee's hours affecting earnings without justification breach of duty justifying employee's resignation. If applicant did resign, applicant constructively dismissed. Even if applicant did not resign, respondent's manager removed applicant's regular hours arbitrarily, made clear applicant could no longer expect specific hours in future and removed applicant's immediate ability to earn by not allowing paid leave when requested. Removal of income in such fashion amounted to sending away. Applicant dismissed. No evidence of consultation regarding potential redundancy. Respondent's manager wanted rid of applicant. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,317 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($5,317) ; Compensation for humiliation etc ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A;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;Barnes (formerly Kissell) v Whangarei Returned Services Assoc (Inc) [1997] ERNZ 626;Gorrie Fuel (SI) Ltd v Gittoes unreported, Couch J, 8 November 2007, CC21/07;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225;Jinkinson v Oceana Gold (NZ) Ltd (No 2) (2011) 9 NZELC 93,655 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Christchurch_139.pdf [pdf 176 KB] |