| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 178 |
| Hearing date | 3 Aug 2017 - 4 Aug 2017 (2 days) |
| Determination date | 20 October 2017 |
| Member | P van Keulen |
| Representation | A Goodison ; T Cochrane |
| Location | Nelson |
| Parties | Bradley v Empowered Health Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive Dismissal – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s actions – ARREARS OF WAGES – Applicant sought arrears of wages – Gym Instructor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Insufficient evidence to prove applicant’s duties unnecessarily increased following return to work. Alleged micromanagement, additional work and variation to hours did not cause unjustified disadvantage to applicant. No unjustified disadvantage. Respondent dismissed applicant during notice period. Applicant’s resignation did not amount to dismissal because termination of employment did not occur because of dismissal. No constructive dismissal. Respondent did not sufficiently investigate allegation of serious misconduct. Respondent failed to inform applicant of allegation and did not allow applicant opportunity to respond. Dismissal unjustified. REMEDIES: 40 per cent contributory conduct. Respondent to pay applicant $475 reimbursement of lost wages. $2,400 compensation appropriate. ARREARS OF WAGES: Insufficient evidence to establish agreement for promotional work or the amount of work undertaken by applicant over promotional period. No arrears of wages. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($475.80) ; Compensation for humiliation etc ($2,400) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA Second Schedule cl10;ERA s103A;ERA s124;ERA s128;ERA s157 |
| Cases Cited | Gibson v GFW Agri-Products Ltd [1994] 2 ERNZ 309 (EmpC);The Warehouse v Cooper [2000] 2 ERNZ 351 (EmpC);Waterford Holdings Ltd v Morunga [2015] NZEmpC 132;Xtreme Dining Ltd v Dewar [2016] NZEmpC 136 |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Christchurch_178.pdf [pdf 56 KB] |