| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 342 |
| Hearing date | 18-Aug-17 |
| Determination date | 06 November 2017 |
| Member | R Arthur |
| Representation | J Crocker ; J Foden |
| Location | Auckland |
| Parties | Williams v Wendco (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to offer her additional hours of work – Hospitality Worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant unjustifiably disadvantaged by respondent’s breach of collective agreement by employing new staff before offering applicant the opportunity to work additional hours. Additional disadvantage due to respondent not implementing training requirements in collective agreement. Existing staff deprived of opportunity to expand skill set and increase work hours. REMEDIES: No contributory conduct. Respondent to pay applicant $1,072 reimbursement of lost wages. $2,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($1,072.50) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s53;ERA s124;ERA s174E;ERA Second Schedule cl10 |
| Cases Cited | Firm PI 1 Ltd v Zurich Australian Insurance Ltd t/a Zurich New Zealand [2014] NZSC 147;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Auckland_342.pdf [pdf 238 KB] |