| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 34/06 |
| Hearing date | 21 Dec 2005 |
| Determination date | 07 March 2006 |
| Member | J Crichton |
| Representation | A Jackson (in person) ; M Stevenson |
| Location | Christchurch |
| Parties | Jackson v Parker and Anor t/a Cafe 111 |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged employment was permanent full time and hours were arbitrarily reduced - Respondent claimed applicant employed on casual basis and full time hours not guaranteed - No written employment agreement - Cafe work in Queenstown seasonal and respondent's other employees on casual agreements - Applicant casual employee - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed for refusing to obey lawful and reasonable instruction to treat customers particular way - Given more than one opportunity to follow direction - Although respondent cross at time of dismissal that aspect did not outweigh factors tending towards justification of dismissal in all the circumstances - Dismissal justified - Length of service one year eleven months (Two years eight months including time with previous owner) - Barista and cafe waiter |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | ca 34_06.pdf [pdf 19 KB] |