| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 399/04 |
| Hearing date | 27 Oct 2004 - 28 Oct 2004 (2 days) |
| Determination date | 06 December 2004 |
| Member | R A Monaghan |
| Representation | AB Clifford (in person) ; C Elliott |
| Location | Auckland |
| Parties | Clifford v Fentondale Enterprises Ltd t/a Grand Tiara Hotel Rotorua |
| Summary | UNJUSTIFIED DISADVANTAGE - Employment agreement provided for review of performance and remuneration at first quarter each year - Approached respondent's general manager in November seeking review of job description - Dissatisfied with response - No entitlement to review at that time - Performance review conducted in June - Late performance review breached employment agreement - Unofficial review underway so no disadvantage in first quarter of year - In July general manager recommended pay rise backdated to May - Managing director wished to monitor whether applicant working to rule" over next three months - Allegation not put to applicant - Withholding salary increase disadvantaged applicant - Unjustified disadvantage - No basis for discrimination claim - No jurisdiction to deal with defamation claim - UNJUSTIFIED DISMISSAL - Misconduct - Upon receipt of letter advising pay rise would be considered applicant demanded immediate meeting with managing director - Called managing director "idiot" when not available and left hotel premises - Walked out of subsequent meeting to discuss concerns - Did not tell respondent had found another job - Summarily dismissed after disciplinary meeting - Six months old allegation that called general manager "stupid old numbskull" too far in past to raise in dismissal context - Inadequate investigation into whether applicant had authority to leave hotel premises - Dismissal unjustified - Remedies - Contributory conduct - Applicant's behaviour sufficiently significant to warrant no award for unjustified dismissal" |
| Result | Application granted (unjustified disadvantage) ; Reimbursement of lost wages ($615.38) ; Compensation for humiliation etc ($1,000) ; Application granted (unjustified dismissal) ; Costs reserved |
| Statutes | ERA s104(1)(a);ERA s105;ERA s107 |
| Number of Pages | 10 |
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