| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 80/06 |
| Hearing date | 10 May 2006 |
| Determination date | 01 June 2006 |
| Member | H Doyle |
| Representation | A Clarke ; G Bignell |
| Location | Christchurch |
| Parties | Sim v Random Imports Ltd |
| Summary | ARREARS OF WAGES – Applicant paid hourly rate - According to individual employment agreement (“IEA”) applicant to be paid salary – Clause in IEA requiring overtime when necessary did not mean applicant was on hourly rate if worked less than 40 hours per week – Labour Inspector’s calculation of arrears of wages accepted – ARREARS OF HOLIDAY PAY – Applicant entitled to time and half for working four public holidays – Also entitled to alternative holidays for those four public holidays – Entitled to holiday pay on additional amounts found owing to applicant – UNJUSTIFIED DISMISSAL – Redundancy – Third party (“PT”) advised applicant he was taking over store and would be her employer – Applicant alleged unable to clarify situation and resigned – Following day another employee advised applicant that respondent remained employer but there was managerial change – Applicant expected respondent’s director to contact her but he did not – Respondent intended PT would undertake management role and applicant would remain employed – No redundancy – Whether constructive dismissal - Applicant alleged respondent breached duty by not providing explanations or sufficient support following actions of PT – Respondent did not consult with applicant to prepare her for management change – Director did not anticipate PT approaching applicant in manner he did – However, when respondent aware of PT’s actions it had obligations to reassure applicant – Authority not satisfied breach of sufficient seriousness to make risk of resignation reasonably foreseeable – No constructive dismissal – UNJUSTIFIED DISADVANTAGE – Authority not bound by description of employment relationship problem in statement of problem – Two breaches of duty to be responsive and communicative – One: Respondent did not sufficiently consult or advise applicant about impending management change – Two: Director intentionally decided not to respond directly to applicant once he became aware of PT’s actions – Also breached implied term of trust and confidence – Applicant disadvantaged as taken by surprise when spoke to PT and no longer certain about employment – Unjustified disadvantage – Length of service 10 weeks - Store manager |
| Result | Application granted (Arrears of wages and holiday pay) ; Arrears of wages ($411) ; Arrears of holiday pay ($119.50)(Extra payment for working public holidays) ; ($480)(Statutory holidays) ; ($60.63)(Annual leave) ; Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,500) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | ERA s160(3);Holidays Act 2003 s50;Holidays Act 2003 s60(2)(b) |
| Number of Pages | 9 |
| PDF File Link: | ca 80_06.pdf [pdf 48 KB] |