| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 103/04 |
| Hearing date | 22 Jun 2004 |
| Determination date | 26 August 2004 |
| Member | R A Monaghan |
| Representation | K Owen ; P Doody |
| Location | Christchurch |
| Parties | Cooney v Lea Holdings Ltd t/a Baileys 818 |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged misrepresentation - Alleged unfit for position - Applicant required to hold valid manager's certificate - Not informed of requirement when hired - Did not answer pre-employment question relating to manager's certificate - Hired without certificate - Unfounded allegations regarding benefit fraud expressed to manager - Respondent never questioned applicant regarding information - Decision to reduce applicant's hours due to absence of manager's certificate - Incorrect message of dismissal conveyed to applicant by co-worker - Applicant sought clarification from manager - Manager raised allegations with applicant - Implications of significant reduction in hours of work - Offer of lesser position amounted to dismissal - Dismissal unjustified - Remedies - Applicant unable to legally to work as bar manager - Unable to recover wages related to bar manager work - Bar manager |
| Result | Application granted ; (Reimbursement of lost wages ($864)(12 weeks) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | Sale of Liquor Act 1989 s115;Sale of Liquor Act 1989 s116;Sale of Liquor Act 1989 s117;Sale of Liquor Act 1989 s117A;Sale of Liquor Act 1989 s121(1);Sale of Liquor Act 1989 s128 |
| Number of Pages | 6 |
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