| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 74 |
| Hearing date | 26-Sep-16 |
| Determination date | 10 August 2017 |
| Member | M Loftus |
| Representation | J Murphy ; A Hall, J Avery |
| Location | Palmerston North |
| Parties | Francis v Ruawai Rest Home 2014 Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by being presented with an employment agreement that did not reflect her permanent status – Caregiver |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Evidence presented in relation to applicants request for a pay rise was nothing more than a source of unhappiness and fell far short of repudiatory conduct on part of respondent. Applicant’s second argument relied on supposition as opposed to fact and events applicant relied on to conclude employment relationship were no longer viable and occurred sometime before her departure. Fixed term agreement offered did not constitute a dismissal. Continuation of employment relationship was not untenable. Resignation was triggered by applicant’s attainment of new employment. No constructive dismissal. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 ; ERA s174C(4) ; ERA s174C(4) ; Minimum wages Act 1983 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 (CA) Oats v Hovenden [1997] ERNZ 614 (EmpC) ; Southern Local Government Officers’ Union v Timaru District Council [1991] 2 ERNZ 932 (EmpC) ; Wellington Clerical Workers IUOW v Greenwich [1980] ACJ 257 (AC) ; Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140 ; Z v Y Ltd and A [1993] 2 ERNZ 469 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Wellington_74.pdf [pdf 170 KB] |