| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 160 |
| 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 | Bertogg v Catherine Devon Ryburn t/a Malborough Day Spa and Anor |
| Other Parties | Marlborough Medi Spa Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for joinder – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed constructively dismissed by respondent – Receptionist |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant in employment relationship with second respondent. First respondent not individually liable. No claim before Authority when first respondent was applicant’s employer. Application for joinder dismissed.;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Trial period provision invalid. Respondent failed to advise applicant’s right to seek legal advice. Applicant’s lack of advice had adverse effect on view of employment situation. Hours of work not reduced. Respondent raised enquiries about stock discrepancies with all staff. Applicant’s stock duties and responsibilities remained the same. Applicant did not require more training. Second respondent not required to explain legal implications of limited liability company. Applicant unjustifiably disadvantaged by failure to advise about seeking independent advice. Applicant not disadvantaged by trial period provision, hours of work, stock enquiries, lack of explanation. Second respondent’s conduct did not coerce resignation. Applicant voluntarily resigned. No constructive dismissal. REMEDIES: No contributory conduct. $3,000 compensation for humiliation etc appropriate. |
| Result | Application partially granted (unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Applications dismissed (practice and procedure)(unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2)(b);ERA s103A;ERA s123(1)(c)(i);ERA s124;ERA s134(2);ERA s134A |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Christchurch_160.pdf [pdf 190 KB] |