| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 168 |
| Hearing date | 14 Oct 2014 |
| Determination date | 29 October 2014 |
| Member | M B Loftus |
| Representation | S Hayes (in person) ; B Oliver |
| Location | Gore |
| Parties | Hayes and Ors v Hungry Hound Ltd |
| Other Parties | L Hayes, D Hayes |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Constructive Dismissal – Applicants claimed unjustifiably dismissed by respondent – Whether first and third applicants casual employees – Schoolchildren – Whether second applicant constructively dismissed – Whether second applicant resigned as result of inappropriate language and behaviour by respondent’s director (“B”) |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: First and third applicants had set weekly hours. First and third applicants part time employees rather than casual employees. First and third applicants dismissed when respondent removed all hours. No evidence to support respondent’s claim not enough business to retain first and third applicants. No evidence procedural requirements met. Dismissals of first and third respondents unjustified. No evidence B’s conduct anything more than inconsiderate. Second applicant not constructively dismissed. REMEDIES: No contributory conduct. Respondent to pay first applicant $910 reimbursement of lost wages and third applicant $2,957 reimbursement of lost wages. $1,500 compensation appropriate for first and third applicants. |
| Result | Applications granted (unjustified dismissal)(first and third applicants) ; Reimbursement of lost wages ($910)(first applicant)($2,957.50)(third applicant) ; Compensation for humiliation etc ($1,500)(first applicant)($1,500)(third applicant) ; Application dismissed (unjustified dismissal)(second applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4(1A)(c);ERA s103A;ERA s103A(5);ERA s122;ERA s124;ERA s128(2) |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd (No 2) (2011) 9 NZELC 93,655;Salad Bowl Ltd v Howe-Thornley [2013] ERNZ 326;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 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_168.pdf [pdf 949 KB] |