| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 128/06 |
| Hearing date | 15 jun 2006 |
| Determination date | 24 August 2006 |
| Member | H Doyle |
| Representation | J Goldstein ; N McPhail |
| Location | Christchurch |
| Parties | Scott v Quinns Fashions Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Prohibition on publication of all medical evidence about applicant provided to Authority - Applicant placed on three month trial period to eventuate in permanent part-time employment - Applicant claimed unjustifiably constructively dismissed or alternatively unjustifiably disadvantaged - Applicant claimed resigned because treated unfairly by respondent - Resignation did not convey that applicant felt unfairly treated - BREACH OF CONTRACT - Applicant also claimed breach of express provision of employment agreement - Authority agreed applicant worked 7 days in a week for 11 of the 80 weeks was employed - Applicant often had to stay longer than rostered hours - Request to do extra hours and agreement - Applicant did not express how she felt about working longer hours - No objection by applicant to prepared rosters - Evidence did not support breach of contract - Applicant probably did not clearly articulate unhappiness during employment - No breach of contract - BREACH OF IMPLIED TERM - Respondent to take reasonable steps to provide applicant with safe workplace - Applicant did not convey a concern about the hours she was working - Authority to consider whether applicants conduct more than just inconsiderate conduct which caused unhappiness or resentment or whether conduct was dismissive or repudiatory - Authority concluded that respondent did not act unreasonably or fail to provide safe workplace - Length of service one year seven months - Sales adviser |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Schedule 2 cl10(1) |
| Cases Cited | Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965 |
| Number of Pages | 7 |
| PDF File Link: | ca 128_06.pdf [pdf 31 KB] |