| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 163/05 |
| Hearing date | 21 Nov 2005 |
| Determination date | 16 December 2005 |
| Member | H Doyle |
| Representation | B Climo ; S Brown |
| Location | Christchurch |
| Parties | McDonald v Just Kids Ltd t/a JK Kids Gear |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant wanted to work minimum of two days and maximum of three days per week - Respondent alleged applicant never guaranteed any days or hours of work - Applicant was asked to work longer hours on Fridays - Applicant declined because of childcare arrangements - Was told would not be required to work on Sunday and then no longer rostered on Sunday - Respondent sent applicant letter stating no work available anymore - No one told applicant before letter that reason she was not rostered on Sundays was because she was unreliable about working on Sundays - Reasons not put to her for explanation - Hours of work provision in agreement could not apply in circumstances where was unilateral decision made by respondent not to roster applicant on Sundays because was unreliable - Should have been fair process - Decision not justifiable - Fair and reasonable employer would not have taken applicant off working Fridays in the way it did without any face to face meeting or consultation - Unjustified dismissal - Part time sales |
| Result | Application granted ; Reimbursement of lost wages ($3,696)(28 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | ca 163_05.pdf [pdf 33 KB] |