| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 335 |
| Hearing date | 6 Apr 2017 - 7 Apr 2017 (2 days) |
| Determination date | 25 October 2017 |
| Member | N Craig |
| Representation | H Burdon ; R Alchin |
| Location | Hamilton |
| Parties | Reid v Leisha Andrews t/a Alterations & Designer Garments |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s actions – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed arrears of wages and holiday pay – Seamstress and Shop Assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Applicant unjustifiably disadvantaged by unpaid suspension, refusal to allow her return to work without a waiver of a pay claim, and restarting disciplinary process without rescinding earlier warning. Applicant also disadvantaged by reduction in work hours. Applicant’s resignation not caused by respondent’s breaches of duty. No suggestion of a choice between resignation and dismissal. No constructive dismissal. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant $816 reimbursement of lost wages. $5,400 compensation appropriate. ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $129 arrears of wages and $330 arrears of holiday pay. |
| Result | Applications granted (unjustified disadvantage) ; Reimbursement of lost wages ($816.64) ; Compensation for humiliation etc ($5,400) ; Arrears of wages ($129.62) ; Arrears of holiday pay ($330) ; Arrears of KiwiSaver ($37.97) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65(2)(vi);ERA s103(3);ERA s103(5);ERA s114;ERA s148;ERA s174E |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Business Distributors Ltd v Patel [2001] ERNZ 124 (CA);Harris v Warehouse Ltd [2014] NZEmpC 188;Pacifica Fishing (Christchurch) Ltd v Buckingham [1999] 2 ERNZ 621 (EmpC);Xtreme Dining Ltd v Dewar [2016] NZEmpC 136 |
| Number of Pages | 37 |
| PDF File Link: | 2017_NZERA_Auckland_335.pdf [pdf 371 KB] |