| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 6/02 |
| Determination date | 18 January 2002 |
| Member | D Asher |
| Representation | G Peploe ; Buchanan in person & Haslip in person |
| Location | Auckland |
| Parties | Hay v Buchanan & Haslip t/a North Harbour Lunch Bar |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Alleged repudiation of employment agreement - Reduction of hours - Given proposed new employment agreement - Alleged dismissed when refused to sign agreement - Credibility - Evidence of applicant preferred - Parties must act in good faith in relation to restructuring - No preliminary discussion about hours - Alternatives not explored - Proposal amounted to a fait accompli - Unilateral and significant reduction in terms and conditions of agreement - New agreement appeared to further reduce terms - Undermined confidence in employment relationship - Unreasonable and abrupt manner of dealing with applicant - Facts consistent with dismissal - Serious breach of mutual obligations of trust, confidence and fair dealing - Unjustified dismissal claim made out - Alternatively entitled to cancel contract due to repudiatory actions of respondent - No contributory conduct - PENALTY - Failure to provide written employment agreement - Failure not wilful - Not in conflict with applicant's wishes - Omission did not contribute to employment relationship problem - Penalty not appropriate - Lunch bar assistant |
| Result | Application granted ; Reimbursement of lost wages (To be agreed between parties) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Statutes | ERA s4;ERA s4(4);ERA s62(2) |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |