| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 207 |
| Hearing date | 26-27 Oct 2017 (2 days) |
| Determination date | 04 December 2017 |
| Member | D Appleton |
| Representation | M Murphy (in person) ; G Riach |
| Location | Christchurch |
| Parties | Murphy v Northend Hotels Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages against applicant for breach of Employment Agreement (“EA”) – Trial Venue Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant in senior position knew or ought to reasonably have known credit betting practice was prohibited and exposed respondent to unacceptable risk. Fair and reasonable employer in all the circumstance could have concluded that there had been a significant breach of trust and confidence incapable of repair. No material flaws in procedure. Dismissal justified. ARREARS OF WAGES: Applicant employed full-time. Applicant entitled to be paid short-fall where paid less than 40 hours in any week. No breach of minimum wage legislation. Respondent to pay applicant $1,654 arrears of wages. COUNTERCLAIM – BREACH OF CONTRACT: Loss of $12,500 flowed directly from applicant’s breach of EA. Applicant reckless rather than negligent. Absence of binding authority to award damages. No damages. |
| Result | Application granted (arrears of wages) ; Arrears of wages ($1,654.63) ; Applications dismissed (unjustified dismissal)(damages) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Contracts and Commercial Law Act 2017 s49;ERA s4;ERA s5;ERA s103A;ERA s131;ERA s132;ERA s161;ERA s162;ERA s173;Fair Trading Act 1986;Gambling Act 2003 s15;Racing Act 2003 s63;Sale of Liquor Act 1989;Smoke-free Environments Amendment Act 2003 |
| Cases Cited | Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);Flight Center t/a Infinity Holidays v Latu ERA Auckland AA187/04;George v Auckland Council [2013] NZEmpC 179;Goodman v Rooney Earthmoving Ltd [2012] NZERA Christchurch 102;JP Morgan Chase Bank NA v Lewis [2015] NZCA 255;Mason Engineers (NZ) Ltd v Hodgson (No 4) [2011] NZEmpC 147;Rainbow Falls Organic Farm Ltd v Rockell [2014] NZEmpC 136;Raukura Hauora O Tainui Trust v Nathan [2010] NZEmpC 156;Recon Professional Services Ltd v Andrews ERA Wellington WA157A/05 |
| Number of Pages | 33 |
| PDF File Link: | 2017_NZERA_Christchurch_207.pdf [pdf 133 KB] |