| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 369/05 |
| Hearing date | 9 Aug 2005 |
| Determination date | 20 September 2005 |
| Member | M Urlich |
| Representation | DW Keene (in person) ; P Davey |
| Location | Auckland |
| Parties | Keene v Parkfield Holdings Ltd t/a Dispensary Bar |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No written employment agreement - Alleged respondent failed to continue to roster him on agreed shifts - Alleged rostered him on shifts knew he was unable to work due to university and sporting commitments - Applicant had worked Monday and Friday shifts - Took up full time hours over summer - Not satisfied parties agreed applicant would be guaranteed Monday and Friday shifts or any agreement that rostered shifts would accommodate applicant's commitments once university resumed - Extent of parties’ agreement was that applicant would have two guaranteed shifts per week on resumption of the university term - Respondent made genuine effort to accommodate applicant's out of work commitments within boundaries thought reasonable - Failure to communicate between parties - No constructive dismissal - ARREARS OF WAGES - Wages equivalent to one shift due and owing - Duty manager |
| Result | Application dismissed ; Arrears of wages (one shift) ; Costs reserved ; Disbursements in favour of applicant ($70) |
| Number of Pages | 4 |
| PDF File Link: | aa 369_05.pdf [pdf 24 KB] |