| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 158/05 |
| Hearing date | 22 Sep 2005 |
| Determination date | 09 December 2005 |
| Member | H Doyle |
| Representation | B Climo ; G Downing |
| Location | Christchurch |
| Parties | Benson v Monaco Village Management Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged either actual or constructive dismissal - Whether person intending to work - Applicant alleged she was offered and accepted a full time receptionist position with respondent but original offer was withdrawn and she was offered new position - Change in manager between original offer and alternative offer of employment - Days and hours of work important to applicant as she had school aged child - Applicant was offered position on fixed weekday hours with occasional weekend work - Parties did not reserve issue of hours and days of work for later agreement - Terms of agreement sufficiently certain - Applicant was person intending to work - Alternative job offered (mixture of two days, two evenings and weekends) was not same job as initial one offered - Applicant entitled to treat employment agreement at end on basis respondent no longer intended to be bound by essential terms of original agreement - No contributory conduct - Lost wages limited to three months since applicant only applied for office based jobs and not in hospitality industry (to achieve child friendly hours) |
| Result | Application granted ; Reimbursement of lost wages ($7,248)(Three months) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | ca 158_05.pdf [pdf 35 KB] |