| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 159 |
| Hearing date | 26 Aug 2014 |
| Determination date | 13 October 2014 |
| Member | M B Loftus |
| Representation | R Boulton, D Mills-Godinet ; C McDowall |
| Location | Christchurch |
| Parties | Guise v Allied Security Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant accused of misconduct - Respondent unilaterally proposed to exclude applicant from worksite and reduce hours to casual after exclusion - Whether applicant forced to resign – Whether respondent able to rely on clause in employment agreement allowing dismissal where employee excluded from client’s worksite - ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay PENALTY – Applicant sought penalty for breach of good faith by respondent - Security guard |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent’s actions constituted breach of duty. Applicant felt had no choice but to resign and find other work due to precarious financial situation caused by breach. Applicant constructively dismissed. Dismissal clause in agreement. amounted to contracting out of ss4 and 103A Employment Relations Act 2000. Dismissal unjustified. REMEDIES: Respondent to pay applicant $4,911 reimbursement of lost wages. $4,000 compensation appropriate. No contributory conduct.ARREARS OF HOLIDAY PAY: Applicant not paid for days in lieu of public holidays worked. Respondent to pay applicant $594 arrears of holiday pay.PENALTY: Applicant received remedies for respondent’s breach of good faith. No penalty. |
| Result | Applications granted (unjustified dismissal) (arrears of holiday pay) ; Reimbursement of lost wages ($4,911.76) ; Compensation for humiliation etc. ($4,000) ; Arrears of holiday pay ($594.75) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s124;ERA s128(2);ERA s132(2) |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);G & H Trade Training Ltd v Crewther [2002] 1 ERNZ 513 (EmpC);Gorrie Fuel (SI) v Gittoes EmpC Christchurch CC21/07, 8 November 2007;Z v Y Ltd and A [1993] 2 ERNZ 469 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Christchurch_159.pdf [pdf 280 KB] |