| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 34/05 |
| Hearing date | 26 Jan 2005 |
| Determination date | 09 March 2005 |
| Member | H Doyle |
| Representation | N Fagerlund ; no appearance |
| Location | Christchurch |
| Parties | Ravenwood and Anor v Wood and Anor |
| Other Parties | The Citrus Bar & Cafe Ltd, Lee |
| Summary | UNJUSTIFIED DISMISSAL - Identity of employer - Applicants' employer was one of two respondents (individual L and company CB) - L director of CB - Doctrine of undisclosed principal - Applicant R understood she was employed by CB rather than L personally - CB was R's employer - Applicant W did not understand she was employed by CB - L was W's employer - Constructive dismissal - Both R and W resigned - Work environment extremely disorganised and both applicants unhappy - However difficult to find causative link between R's resignation and alleged breach of duty given both R's intention at time to travel and pleasant wording of her resignation letter - R did not have personal grievance - Whether disorganised business was breach of duty - Reasonable employee would have concluded business likely to fail - However W continued to have work to perform and received wages in return - No breach of duty by L - W did not have personal grievance - ARREARS OF WAGES AND HOLIDAY PAY - Arrears of holiday pay due and owing for both applicants - Amount deducted from R's final pay for student loan repayments but not given to Inland Revenue Department - CB ordered to pay amount to R - No shortfall in R's wages - Duty manager (R) and bar person/waitress (W) |
| Result | Application dismissed (unjustified dismissal) ; Application granted (arrears) ; Arrears of holiday pay (R)($641.11)(payable by CB) ; (W)($150)(payable by L) ; Arrears of wages ($138.50)(payable by CB) ; Interest (7.5%) ; Costs reserved |
| Statutes | ERA s65 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths NZ Limited [1985] 2 NZLR 372 |
| Number of Pages | 7 |
| PDF File Link: | ca 34_05.pdf [pdf 40 KB] |