| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 308A/04 |
| Hearing date | 23 Sep 2004 |
| Determination date | 28 September 2004 |
| Member | L Robinson |
| Representation | T Oldfield ; R Oldham |
| Location | Auckland |
| Parties | Jafa Cafe Services Ltd v Rossiter |
| Summary | BREACH OF CONTRACT - PENALTY - Alleged failure to give notice - Alleged monies owed - After respondent resigned applicant sought repayment of money spent on training, unpaid meals, advertising costs for re-advertising position and breakages - No agreement applicant would be charged - No contractual basis for claim - Unsigned employment agreement required two weeks' notice - Respondent gave five days notice - Two weeks' notice reasonable - Failure to give reasonable notice - Respondent acted in good faith on basis of incorrect advice - Circumstances did not attract penalty - Alleged losses did not flow from breach of implied term to give reasonable notice - UNJUSTIFIED DISMISSAL - Counterclaim for constructive dismissal - Authority not persuaded respondent discouraged from taking breaks - Applicant did not promise pay increase - No failure to provide employment agreement - No breach of duty - No dismissal - ARREARS OF WAGES - Final pay due and owing - Barista/service guru |
| Result | Application dismissed ; Counterclaim dismissed (personal grievance) ; Counterclaim granted (arrears of wages) ; Arrears of wages ($715.57) ; Costs reserved |
| Statutes | ERA s174 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Cain v H L Parker Trusts [1992] 3 ERNZ 777;James v Thomas H Kent and Co Ltd [1951] 1 KB 551;Joyce v Mutual Rental Cars Ltd [1990] 3 NZELC 97,669;Marsden Providors (1988) Ltd v Cotterill (1989) 2 NZELC 97,094;PPP Industries Ltd v Doggett [1996] 2 ERNZ 234;Ruapehu District Council v Northern Local Government Officers Union unreported Castle J, 16 November 1992, WEC 54/92;Wellington Shop etc IUOW v Paul Pretty Removals Ltd [1988] NZILR 312 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |