| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 170 |
| Hearing date | 30-Jun-17 |
| Determination date | 06 October 2017 |
| Member | Helen Doyle |
| Representation | A Oberndorfer ; A Riches |
| Location | Christchurch |
| Parties | Olsen v Peninsula Health (2010) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DIMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent unilaterally changing hours of work detailed in employment agreement (“EA”) – Applicant claimed unjustifiably dismissed by respondent –PENALTY – Applicant sought penalty for breach of EA and good faith obligations – Trainee Pharmacy Technician |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant unjustifiably disadvantaged where income reduced due to respondent’s breach of EA by way of unilateral amendments to work hours. Applicant given no opportunity to consult with respondent before change of hours. Applicant unjustifiably disadvantaged. Respondent did not act in accordance with obligations of good faith and did not actively communicate with applicant. Respondent made unilateral changes to applicants work hours and role immediately after a period of stress leave. Substantial risk of resignation foreseeable. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,620 reimbursement of lost wages. $15,000 compensation appropriate.;PENALTY: High threshold for penalty not met. Breaches of good faith were considered in unjustified dismissal and constructive dismissal grievances. No penalty. |
| Result | Applications granted (unjustified disadvantage)(unjustified dismissal) ; Reimbursement of lost wages ($9,620) ; Compensation for humiliation etc ($15,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10(1);ERA s103A;ERA s124 |
| Cases Cited | Auckland etc Shop Employees IUOW v Woolworths [1985] ERNZ Sel Cas 136 (CA);Judea Tavern Ltd v Jesson [2017] NZEmpC 82;Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 (EmpC) |
| Number of Pages | 26 |
| PDF File Link: | 2017_NZERA_Christchurch_170.pdf [pdf 396 KB] |