| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 159 |
| Hearing date | 18 to 20 Jul 2016 (3 days) |
| Determination date | 19 September 2016 |
| Member | R Larmer |
| Representation | P Rachich, M Radich ; G Hill, G Gowland |
| Location | Blenheim |
| Parties | Hughes v Catherine Devon Ryburn t/a Malborough Day Spa and Anor |
| Other Parties | Marlborough Medi Spa Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether applicant and first respondent in employment relationship - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by invalid trial period, failure to advise of right to take legal advice, creating unpleasant work environment, failure to provide proper training or communicate effectively and failure to explain legal implications of employment by company - Applicant claimed unjustifiably dismissed by respondent - Beauty therapist |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: First respondent director of second respondent. Applicant employed by second respondent at time claims arose. Second respondent standalone legal entity. Applicant and first respondent not in employment relationship.UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Trial period clause of no effect and did not actually disadvantage applicant. Applicant found interaction about missing product unpleasant but did not disadvantage applicant. Applicant not confused about obligations regarding stock. Second respondent not required to explain implications of employment by company to applicant. Respondent failed to advise applicant of right to seek legal advice. Action disadvantaged applicant as caused applicant insecurities about employment. Applicant unjustifiably disadvantaged. Insufficient evidence that second respondent embarked on course of conduct designed to cause applicant’s resignation. No fundamental breach of conduct to cause resignation. Applicant resigned of own volition. No dismissal. REMEDIES: No contributory conduct. $3,000 compensation appropriate. |
| Result | Application partially granted (unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2)(b) ; ERA s67A ; ERA s103A ; ERA s124 ; ERA s134(2) ; ERA s134A |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Christchurch_159.pdf [pdf 189 KB] |