| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 129 |
| Hearing date | 22-Mar-17 |
| Determination date | 26 July 2017 |
| Member | P van Keulen |
| Representation | S Barclay ; S Shepherd |
| Location | Nelson |
| Parties | Shand v MBS 2008 Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by respondent’s actions - Applicant claimed unjustifiably dismissed by respondent - Masseuse |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Insufficient evidence to show applicant not paid on time. Last minute changes to roster happened occasionally but did not cause disadvantage because changes allowed by agreed terms. No agreement for rehabilitation programme and light duties. No unjustified disadvantage. Respondent agreed to accommodate applicant’s desire to work less. Number of massages applicant required to perform was not excessive and was consistent with role. Applicant had sufficient time to take breaks. Respondent carried out disciplinary process in fair manner. Respondent did not bully applicant. No course of conduct which prompted resignation. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) |
| Number of Pages | 14 |
| PDF File Link: | 2017_NZERA_Christchurch_129.pdf [pdf 44 KB] |