| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 150 |
| Hearing date | 19-May-17 |
| Determination date | 19 May 2017 |
| Member | V Campbell |
| Representation | M Cavanagh ; no appearance |
| Location | Auckland |
| Parties | Cavanagh v The Piha Memorial RSA Inc. |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Bar Manager – No appearance for respondent |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Applicant unjustifiably disadvantaged by respondent’s failure to address concerns regarding health and safety. Applicant unjustifiably disadvantaged by respondent’s failure to support applicant when enforcing legal obligations as a bar manager. Applicant unjustifiably disadvantaged by being singled out for disciplinary action without respondent undertaking a full and thorough investigation. Applicant unjustifiably disadvantaged by respondent unilaterally altering hours of work removing applicant from roster. REMEDIES: Respondent to pay applicant $5,400 reimbursement of lost wages. $7,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($5,400) ; Compensation for humiliation etc ($7,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s123(1)(b) ; ERA s123(1)(c)(i) ; ERA s174E ; ERA Second Schedule cl12 |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_150.pdf [pdf 159 KB] |