| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 113/06 |
| Hearing date | 8 May 2006 |
| Determination date | 02 August 2006 |
| Member | P Cheyne |
| Representation | R Davidson ; G Familton |
| Location | Christchurch |
| Parties | Lesley Susan Carson v Familton Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Identity of employer - Applicant accepted unsigned employment agreement applied - Although agreement had heading for another restaurant, applicant employed by respondent - Agreement specified place of work as cafe - Applicant told to work at respondent's other business - Did not want to change - Parties met and applicant told could be directed to work at either premises, colleagues had complained about her, and chef threatened to resign if forced to work with her - Not given details of complaints - Subsequently told if insisted on remaining at cafe would only work when chef not on - Led to reduced hours - At later meeting told hours reduced due to business downturn, not complaints - When applicant challenged this as different from previous explanation told no witnesses at earlier meetings meant would be their word against hers - Applicant resigned - Felt could no longer trust respondent because indication would lie about meetings - Applicant's evidence preferred - Resignation foreseeable and caused by breaches of implied term of trust and confidence and wider statutory obligation of good faith - Constructive dismissal - Remedies - Evidence did not support claim worked 30-40 hours per week - Authority fixed fair measure of loss based on roster - Evidence fell well short of proving $15,000 compensation - Respondent to establish whether holiday pay paid and pay any sum owing - Length of service three months - Cook |
| Result | Application granted ; Orders accordingly ; Reimbursement of lost wages ($1,850) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities;Offices IUOW Inc [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 ; ERNZ Sel Cas 136 |
| Number of Pages | 5 |
| PDF File Link: | ca 113_06.pdf [pdf 26 KB] |