| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 34 |
| Hearing date | 9 Dec 2014 |
| Determination date | 04 February 2015 |
| Member | R Larmer |
| Representation | W Reid ; G Rogers |
| Location | Tauranga |
| Parties | Hawkins v Farm Gate Deli Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Unilateral reduction in hours - Whether applicant assured minimum 35 hours work per week - Whether applicant accepted reduction in hours - Applicant continued to work following roster change |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Mutual agreement applicant would be offered no less than 35 hours of work per week. Fundamental breach of contract by unilateral change in hours. Applicant did not agree or acquiesce to roster change. Roster changes presented as done deal. Applicant notified respondent applicant required more hours to support family and would have to find alternative employment if hours did not increase. Applicant clearly dissatisfied with change. Reasonably foreseeable applicant would resign. Applicant constructively dismissed. REMEDIES: Respondent to pay applicant reimbursement of lost wages; quantum to be determined. $3,500 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($3,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3) |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_34.pdf [pdf 173 KB] |