| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 149 |
| Hearing date | 26-Nov-14 |
| Determination date | 12 October 2015 |
| Member | M B Loftus |
| Representation | D Ewing-Jarvie ; R Gibson |
| Location | Christchurch |
| Parties | Sampson v Prebbleton Veterinary Hospital (2009) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies for personal use of company account - Veterinary Nurse |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant said she resigned as thought had already been dismissed, and felt being pushed out of business. Respondent provided applicant with employment agreement but applicant did not sign it. More likely than not that respondent undertook performance review at end of applicant’s 90 day trial, despite applicant’s evidence otherwise. Applicant made fully aware of concerns during disciplinary investigation, despite lack of written invitation to disciplinary meeting. No evidence that respondent aggressively tried to reduce applicant’s hours or indication that applicant dismissed. Discussions at meeting indicated expectation of on-going employment. No dismissal.;COUNTERCLAIM – RECOVERY OF MONIES: Respondent’s evidence supported amount of alleged debt on company account. Applicant to pay respondent $308 recovery of monies. |
| Result | Application granted (counterclaim – recovery of monies) ; Recovery of monies ($308.29) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC);Z v Y Ltd and A [1993] 2 ERNZ 469 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Christchurch_149.pdf [pdf 234 KB] |