| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 188 |
| Hearing date | 3-Oct-17 |
| Determination date | 07 November 2017 |
| Member | D Appleton |
| Representation | A Oberndorfer ; R Thompson |
| Location | Christchurch |
| Parties | Lloyd v Healthy Business Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s actions – PENALTY – Applicant sought penalty for respondents breach of employment agreement – Kitchen Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Applicant unjustifiably disadvantaged by respondent’s failure to discuss perceived drug consumption before making decisions that would affect his future employment. Fair and reasonable employer would not have written letter imposing conditions on continuation of applicant’s employment without first having a formal meeting to discuss issues. Applicant’s resignation was foreseeable consequence of respondent’s repudiatory actions. Applicant’s resignation but for intervening dismissal would have been constructive dismissal. Dismissal could not be substantively justified. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay $9,812 reimbursement of lost wages. $190 compensation for loss of benefit of gym membership. $731 compensation for loss of benefit of free meals. $15,000 compensation appropriate. PENALTY: Breach of good faith serious but not deliberate or sustained. Breach not intended to undermine employment relationship. No penalty. |
| Result | Applications granted (unjustified dismissal)(unjustified disadvantage) ; Reimbursement of wages ($9,812.90) ; Compensation for loss of benefit ($921.38) ; Compensation for humiliation etc ($15,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s4A;ERA s103A;ERA s128;ERA s128(2);ERA s134 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65;Waikato District Health Board v Archibald [2017] NZEmpC 132 |
| Number of Pages | 26 |
| PDF File Link: | 2017_NZERA_Christchurch_188.pdf [pdf 116 KB] |