| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 4/04 |
| Hearing date | 3 Nov 2003 |
| Determination date | 19 January 2004 |
| Member | H Doyle |
| Representation | S Zindel ; N Johnson |
| Location | Christchurch |
| Parties | Van der Sluys v Taylor's Bar Ltd |
| Summary | UNJUSTIFIABLE DISMISSAL - Constructive dismissal - Told hidden camera footage implicated staff in misconduct - Told if misconduct admitted would wipe slate clean" - Admitted that borrowed $10 from till and repaid it later - Suspended for 1 week - On return rostered on days rather than nights with less responsibility - Reduction in rostered hours but still above contractual minimum - Limited training provided - Rumours that caught stealing - Resigned - Insufficient level of training breached contract - Contract enabled variation of rostered hours but duty of good faith breached by not providing structure or advice about future after suspension - Constructive dismissal - Dismissal unjustified - PENALTY - No explanation of services available for resolution of employment problems - Moderate penalty appropriate - Arrears of wages for loss of reasonably expected rostered hours - Bar person" |
| Result | Application granted ; Reimbursement of lost wages ($324)(5 days) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($1,059) ; Arrears of holiday pay ($180) ; Interest (7 percent) ; Penalty ($100)(payable to Crown) ; Costs reserved |
| Statutes | ERA s65(2);ERA s65(2)(iv);ERA s123(b);ERA Second Schedule cl11(1) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |