| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 151 |
| Hearing date | 19-Apr-16 |
| Determination date | 19 May 2016 |
| Member | J Crichton |
| Representation | P Pa'u ; P Swarbrick |
| Location | Auckland |
| Parties | McLaren v Stephen Marr Hair Design Newmarket Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by employment proposal and intemperate language –PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – Stylist |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Applicant could not be disadvantaged by offer which created benefit. Applicant given option to accept offer. Respondent did not pressure applicant to sign employment agreement. Intemperate language occurred over short period of time. Purpose of exchange to remonstrate applicant within actions of fair and reasonable employer. No disadvantage.;PENALTY – GOOD FAITH: No breach of good faith. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Bhikoo v Stephen Marr Hair Design Newmarket Ltd [2016] NZEmpC 32 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Auckland_151.pdf [pdf 169 KB] |