| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 77/06 |
| Hearing date | 23 May 2006 |
| Determination date | 25 May 2006 |
| Member | P Cheyne |
| Representation | J Marquet ; G Murphie |
| Location | Christchurch |
| Parties | Cochrane v Nicky's Superfresh and Discount Cigarette Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Principal of respondent unhappy when applicant and another employee declined to work additional hours to facilitate principal’s holiday – Alleged verbally abused applicant next day when other employee failed to turn up for work - Advised applicant of intention to pay wages two days later than usual – Respondent’s tone and manner uncivil and ill mannered rather than abusive - Inconsiderate but not breach of duty – Payment details not specifically covered in employment agreement – However unilateral change to long standing arrangement to pay applicant on certain day of week was beach of duty – Not reasonably foreseeable that breach would cause resignation – No constructive dismissal - OTHER MONIES – Counterclaim by respondent for payment in lieu of notice – Employment agreement required two weeks notice of termination of employment – Applicant breached requirement – No evidence of loss arising from breach – Counterclaim dismissed – Length of service one year – Shop worker |
| Result | Application dismissed ; Counterclaim dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 4 |
| PDF File Link: | ca 77_06.pdf [pdf 22 KB] |