Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 399/05
Hearing date 4 Oct 2005
Determination date 07 October 2005
Member J Scott
Representation LS Dye (in person) ; no appearance
Location Auckland
Parties Dye v Coromandel Hotels Ltd
Summary UNJUSTIFIED DISMISSAL - Summary dismissal - No appearance for respondent - Applicant asked if willing to increase hours for Christmas period - He said was happy to consider increase - Applicant given new hours" to which he responded he was not going to work them on full-time basis - Was told "those are your hours" - Following day told was no longer required and given final pay - Not permissible to make unilateral change to employee's terms of employment of magnitude suggested here - If genuine restructuring needed to go through consultation - Unjustified dismissal - Applicant credible witness - Barman"
Result Application granted ; Reimbursement of lost wages ($6,734)(13 weeks) ; Compensation for humiliation etc ($5,000) ; No order for costs
Statutes ERA Second Schedule cl12
Number of Pages 3
PDF File Link: aa 399_05.pdf [pdf 14 KB]