| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 243/06 |
| Hearing date | 7 Jun 2006 |
| Determination date | 18 July 2006 |
| Member | M Urlich |
| Representation | J Peebles ; Wilding International Ltd (in person) |
| Location | Auckland |
| Parties | Griffiths v Wilding International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant dismissed for refusing to agree to work rostered weekend shift - Weekend shifts enabled under employment agreement - Whether applicant on notice that refusal could result in dismissal - More likely than not applicant not put on notice - Failure to advise employment in jeopardy was more than minor flaw in dismissal process - Applicant could not reasonably infer from circumstances dismissal would be a consequence of refusal to work shift - In the past, applicant's preference for not working weekends had been accommodated and she had not been told employment in jeopardy - Unjustified dismissal - Remedies - Authority not satisfied applicant took reasonable steps to find alternative employment and mitigate loss - Applicant refused to work weekends despite acknowledging employer entitled to roster her in that manner - Timely notice of objection to weekend shift not given and no steps taken to swap it - Contributory conduct 50 percent - Length of service eight months - Caregiver |
| Result | Application granted ; Reimbursement of lost wages ($672 reduced to $336)(2 weeks) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 243_06.pdf [pdf 57 KB] |