| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 75 |
| Hearing date | 7-Apr-16 |
| Determination date | 05 July 2016 |
| Member | Michael Loftus |
| Representation | R Ward ; S Graham, D Graham |
| Location | Whanganui |
| Parties | Costa v Opawa Properties Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Waitress/receptionist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent entitled to raise concerns with applicant. Applicant’s evidence did not support claims that warning given or that applicant frequently required to act as duty manager in breach of statutory requirements. Flexible and variable hours part of arrangement between parties. Respondents tried to retain applicant. No evidence that respondent engaged in course of conduct designed to force applicant to resign. No dismissal. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) ; Sale and Supply of Alcohol Act 2012 s 229(2) ; Sale and Supply of Alcohol Act 2012 s 229(3) ; Sale and Supply of Alcohol Act 2012 s 230 ; Sale and Supply of Alcohol Act 2012 s 231(3) |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) ; Fredericks v VIP Frames and Trusses Ltd [2015] NZEmpC 203 ; Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC) ; Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140 ; Z v Y Ltd and A [1993] 2 ERNZ 469 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_75.pdf [pdf 173 KB] |