| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 169 |
| Hearing date | 23 Mar 2017 & 9 May 2017 (2 days) |
| Determination date | 03 October 2017 |
| Member | C Hickey |
| Representation | MJ Thomas ; G Service |
| Location | Christchurch |
| Parties | Crowther v Mediaworks Radio Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages – Sales Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Respondent’s actions were fair and reasonable leading up to restructuring and merging of the businesses. Respondent offered applicant support during the restructuring period. Disagreement about remuneration amount did not amount to unjustified disadvantage. No unjustified disadvantage;UNJUSTIFIED DISMISSAL: A prolonged period of restructuring did not form a basis for unjustified constructive dismissal claim. Respondent’s actions did not amount to repudiatory conduct. Sufficient justification for dismissal. No unjustified dismissal.;ARREARS OF WAGES: Applicant not entitled to 2% of all sales budgets. Interpretation of employment contract remains correct and unambiguous following the merger. Respondent sufficiently notified applicant that remuneration would be paid as it had previously done. No arrears of wages. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s5;ERA s174C(4);ERA s174(3)(b) |
| Cases Cited | AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades UnionInc[2017] NZSC 135;Firm PI 1 Ltd v Zurich Australian Insurance Ltd t/a Zurich New Zealand [2014] NZSC 147; [2015] 1 NZLR 432;New Zealand Institute of Fashion Technology v Aiken [2004] 2 ERNZ 340 (EmpC);Wellington Clerical Workers IUOW v Greenwich [1983] AJC 965 |
| Number of Pages | 23 |
| PDF File Link: | 2017_NZERA_Christchurch_169.pdf [pdf 303 KB] |