| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 206 |
| Hearing date | 14-Nov-16 |
| Determination date | 16 November 2016 |
| Member | D Appleton |
| Representation | MA Griffiths (in person) v B Leonard |
| Location | Ashburton |
| Parties | Griffiths v Childs Play Preschool Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s behaviour – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages - Early childhood education teacher |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Order for non-publication of identifying details of child involved. Respondent made efforts to repair employment relationship after applicant stated she had not resigned. Applicant not active and constructive in maintaining employment relationship. Respondent did not dismiss applicant but only accepted resignation. Respondent’s conduct could not have foreseeably led to resignation. Applicant not dismissed constructively. No dismissal. Respondent’s owner and other staff member did not collaborate to ask applicant whether she liked child in question. Question justified in circumstances. Other staff member did not blow raspberry at applicant. No unjustified disadvantage.ARREARS OF WAGES: No legitimate reason for respondent to withhold applicant’s notice pay. Respondent to pay applicant arrears of wages, quantum to be determined. |
| Result | Application granted (arrears of wages) ; Arrears of wages (quantum to be determined) ; Applications dismissed (unjustified disadvantage)(unjustified dismissal) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(a) ; ERA s4(1)(b) ; ERA s4(1A)(b) ; ERA s103(1)(b) ; ERA s122 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers Inc [1994] 2 NZLR 415 (CA) ; Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) ; Ngawharau v Porirua Whanau Centre Trust [2015] NZEmpC 89 ; Taylor v Milburn Lime Ltd [2011] NZEmpC 164, (2011) 9 NZELR 275 ; Xtreme Dining Ltd v Dewar [2016] NZEmpC 136 |
| Number of Pages | 20 |
| PDF File Link: | 2016_NZERA_Christchurch_206.pdf [pdf 292 KB] |