| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 372 |
| Hearing date | 25 & 27 Oct 2016 (2 days) |
| Determination date | 14 November 2016 |
| Member | E Robinson |
| Representation | A Goldstone ; K Lloyd |
| Location | Auckland |
| Parties | Patrick v Browns Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by inability to take rest and meal breaks and late issuing of rosters– Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES– Applicant sought arrears of wages - Barista |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent not aware that applicant considered issues around breaks, rosters and bullying so serious that she would resign. Respondent did try to accommodate applicant’s requests for absences and days to be worked. Respondent’s directors though they had good relationship with applicant. Resignation letter gave no indication that resignation forced by breach of duty. No dismissal. No evidence that applicant unjustifiably disadvantaged by late issuing of rosters. Applicant unable to consistently take rest and meal breaks. Applicant unjustifiably disadvantaged by inability to take rest and meal breaks. REMEDIES: No contributory conduct. $750 compensation appropriate.ARREARS OF WAGES: Applicant left employment without completing period of notice but worked first day of notice. Respondent entitled to deduct wages equivalent to notice period not worked, but deducted wages for day worked too. Respondent to pay applicant $169 arrears of wages. |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($750) ; Application partially granted (arrears of wages) ; Arrears of wages ($169) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s69ZD ; ERA s69ZEA ; ERA s103(1)(b) ; ERA s174 ; Wages Protection Act 1983 s5(1)(a) |
| 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) ; Stiffe v Wilson & Horton Ltd EmpC Auckland AC94/00, 5 December 2000 ; Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich [1983] ACJ 965 (AC) |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Auckland_372.pdf [pdf 234 KB] |