| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 58/06 |
| Hearing date | 6 Apr 2006 |
| Determination date | 02 May 2006 |
| Member | P Cheyne |
| Representation | TJ Twomey ; D Gorrie |
| Location | Christchurch |
| Parties | Gittoes v Gorrie Fuel (SI) Ltd and Anor |
| Other Parties | Gorrie |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Upon starting work applicant normally worked 44 hours per week in accordance with what was discussed in interview - After Christmas director told applicant to reduce his hours - Applicant's pay no longer equated with actual hours worked - Applicant unsuccessfully requested explanation from director about variation in pay - Resigned - During notice period director told applicant that his work was charged out on completed jobs and his wages were being assessed on same basis - At Authority investigation director alleged that applicant was an on-call" mechanic and he was being paid on "on-call basis" - Applicant entitled under employment agreement to be paid $23.50 an hour and payment based on some unannounced assessment of productivity was a serious and continuing breach of employment agreement - Director had become dissatisfied with aspects of applicant's work performance - Could have used disciplinary process in employment agreement but chose to breach it instead - Resignation foreseeable - Unjustified constructive dismissal - ARREARS OF WAGES - Respondent's failure to pay applicant in accordance with terms of employment agreement could be seen as unjustified disadvantage but Authority preferred to view it as arrears of wages claim - Ability under employment agreement for respondent to change applicant's hours of work - Applicant had no difficulty with some variation in hours of work - Respondent to pay applicant $2,615 for arrears of wages over three month period plus holiday pay - GOOD FAITH - Authority not confident that respondent disclosed all relevant documents and he did not provide list of allegedly privileged documents - Respondent's actions obstructed rather than facilitated investigation - Length of service seven months - Mechanic" |
| Result | Application granted ; Reimbursement of lost wages (13 weeks)($6,251 plus six weeks less earnings) ; Compensation for humiliation etc ($8,000) ; Arrears of wages and holiday pay ($2,615.55) ; Costs reserved |
| Statutes | ERA s131(1);Fair Trading Act 1986 s43(2)(d) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland Shop etc Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372 |
| Number of Pages | 7 |
| PDF File Link: | ca 58_06.pdf [pdf 47 KB] |