| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 6/05 |
| Hearing date | 16 Dec 2004 |
| Determination date | 24 January 2005 |
| Member | P Cheyne |
| Representation | M-J Thomas ; A Lauder, S Lauder |
| Location | Christchurch |
| Parties | Bell v L and B Investments Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant and husband (C") employed jointly on respondent's dairy farm - Respondent alleged asked at job interview whether took drugs or medication - Authority satisfied only asked about applicant's and children's health - Applicant and C moved into farm house before commencing work - Respondent received anonymous phone call alleging C on methadone, had been on drugs and had criminal convictions - After angry confrontation agreed applicant and C would start work on 21 July on condition doctor's report about C provided - Both suspended without consultation when doctor's report not provided in time - No reason to suspend applicant or caution her she could be dismissed - Amounted to disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Both applicant and C resigned - Whether breach of duty sufficiently serious to warrant termination by applicant - Dispute over amount of wages owing - Cheques placed in applicant's letter box but not notified at time - Communication lapse over delayed payment not sufficiently serious - No breach in respect of asking C and applicant to request C's brother leave farm house immediately - Entitled to ask why police came to farm house - Unresolved water and toilet problems at farm house not serious enough breaches - No constructive dismissal - ARREARS OF WAGES - Entitled to salary commencing 21 July until termination on 8 August less amount already paid and days unable to work due to illness - Farm managers" |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,500) ; Application dismissed (unjustified dismissal) ; Arrears of wages ($794.55) ; Interest (8.5 percent) ; Costs reserved |
| Cases Cited | Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 6 |
| PDF File Link: | ca 6_05.pdf [pdf 825 KB] |