| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 114/04 |
| Hearing date | 22 Jun 2004 - 7 Jul 2004 (2 days) |
| Determination date | 16 September 2004 |
| Member | H Doyle |
| Representation | PJ Bellamy ; S Lucas |
| Location | Christchurch |
| Parties | Hardy v Beachcomber Motor Inn Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant accepted position to run restaurant and do other duties as live-in at respondent's Motor Inn - Unable to move into accommodation immediately - Appropriate for applicant to be compensated for accommodation costs for five weeks - Parties to attempt to agree to amount - Leave reserved for parties to come back to Authority if necessary - Numerous issues discussed at three meetings including accommodation, nature of applicant's duties, and whether applicant's position justified his salary - Applicant dismissed at meeting with one weeks notice - Minimum standards of procedural fairness not met - Dismissal unjustified - Applicant left employment without working out notice on grounds respondent not fair and reasonable - Constructive dismissal - Remedies - Entitled to loss of benefit of accommodation for three months - Parties to attempt to agree to amount - Leave reserved for parties to come back to Authority if necessary - ARREARS OF WAGES - Five days wages due and owing - Live-in maitre-d |
| Result | Application granted ; Reimbursement of lost wages ($6,402.12)(3 months) ; Interest (7.5 percent) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($634.61)(5 days) ; Reimbursement of lost benefit (Quantum to be determined by parties)(Accommodation) ; Other monies (Quantum to be determined)(5 weeks accommodation) ; Costs reserved |
| Number of Pages | 9 |
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