| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 33 |
| Hearing date | 10, 11 & 18 Feb 2016 (3 days) |
| Determination date | 22 March 2016 |
| Member | David Appleton |
| Representation | J Shingleton ; P Macdonald |
| Location | Christchurch |
| Parties | Walker-Rogers v Quick Skips Ltd & Ors |
| Other Parties | X, Y |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by suspension - Applicant claimed unjustifiably dismissed by respondent - BREACH OF CONTRACT - Applicant claimed respondent breached employment agreement (EA) by not increasing salary or implementing bonus scheme - PENALTY - GOOD FAITH: - Applicant sought penalty for respondent’s breach of EA and good faith. |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Authority ordered non-publication of second and third respondents’ name. Suspension warranted for staff welfare - Suspension procedurally unfair and breach of EA. Applicant unjustifiably disadvantaged by suspension. Decision of respondent’s owners to not attend mediation not unreasonable. Respondent’s refusal to grant extension to applicant’s response deadline unreasonable. Breach of good faith for respondent to ‘ambush’ applicant with disciplinary allegations and deny applicant access to work laptop during disciplinary process. Respondent’s actions amounted to repudiation of EA. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: 10 per cent contributory conduct. Suspension substantively justified and disadvantage short-lived. No remedies for unjustified disadvantage. Respondent unlikely to stay in employment beyond three months. Respondent to pay applicant $23,625 reimbursement of lost wages. $18,000 compensation appropriate.;BREACH OF CONTRACT: EA did not provide for salary review or increase. No agreement to increase salary or provide bonus. No breach of contract.;PENALTY - GOOD FAITH: No breach of EA. Breaches of good faith not deliberate. No penalty |
| Result | Applications granted (unjustified disadvantage)(unjustified dismissal) ; Contributory conduct (10%) ; Reimbursement of lost wages ($23,625) ; Compensation for humiliation etc ($18,000) ; Applications dismissed (breach of contract)(penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Contractual Remedies Act 1979 s4(1) - ERA s4A - ERA s124 - ERA s128 - ERA s161(2) - ERA Second Schedule cl10 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers;Industrial Union Of Workers (Inc) [1994] 2 NZLR 415 (CA) |
| Number of Pages | 27 |
| PDF File Link: | 2016_NZERA_Christchurch_33.pdf [pdf 330 KB] |