| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 29 |
| Hearing date | 23 & 24 Feb 2016 (2 days) |
| Determination date | 11 March 2016 |
| Member | David Appleton |
| Representation | A Boniface ; C Hogg |
| Location | Christchurch |
| Parties | Weymouth v Hawkins Construction Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by failure to pay loyalty bonus and unjustifiably dismissed by respondent – Quantity surveyor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant mistakenly told by HR person that bonus would be annual. Evidence suggested respondent intended bonus to be payable as a one-off and not annually. On plain reading of words of relevant clause, apparent that bonus intended to be one-off. Assurance did not induce applicant to enter into contract or constitute variation of contract. Applicant had no entitlement to annual bonus. Respondent’s actions result of genuine misunderstanding. No unjustified disadvantage. Respondent did not breach employment agreement. Applicant resigned of own volition. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Hawkins Construction Ltd v Mathieson [2016] NZERA Christchurch 30;Progressive Meats Ltd v Pohio [2012] NZEmpC 103;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Union Inc [2010] NZCA 317, [2010] ERNZ 317 |
| Number of Pages | 19 |
| PDF File Link: | 2016_NZERA_Christchurch_29.pdf [pdf 243 KB] |