| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 264/04 |
| Hearing date | 5 Aug 2004 |
| Determination date | 25 August 2004 |
| Member | R A Monaghan |
| Representation | M Nutsford ; L Herzog |
| Location | Auckland |
| Parties | Poland v Jokers Wild Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant failed to return to work after altercations with acting manager over sudden roster change requiring applicant to work at respondent's other bar - Change of location provided for in collective agreement and carried out in accordance with notice provision - Change not unilateral variation or breach of employment agreement - Previous expression of opposition to change not reasonable grounds for believing change would never occur - Altercations with acting manager not sufficient to justify belief that employment ended - No constructive dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Unauthorised deductions from final pay already repaid by respondent as ordered at investigation meeting - Claim for sick pay for week after events allegedly amounting to constructive dismissal inconsistent with claim that employment no longer existed at that time - Arrears of holiday pay due and owing for three statutory holidays unless respondent proved within 7 days that bar not open on those holidays - Bar manager |
| Result | Application dismissed (Dismissal) ; Application granted in part (Arrears of wages and holiday pay) ($153.85 for each statutory holiday business open) ; Costs reserved |
| Statutes | Wages Protection Act 1983 |
| Number of Pages | 8 |
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