| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 36/07 |
| Hearing date | 30 Jan 2007 |
| Determination date | 15 February 2007 |
| Member | R A Monaghan |
| Representation | T Oldfield ; A Heward |
| Location | Auckland |
| Parties | Hardy v Scoopy's Ice Cream Parlour (Whangarei) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged hours unilaterally reduced and unjustifiably suspended and warned - No appearance by respondent - Applicant asked for Saturdays off - Removed from weekends altogether and start time changed - Removal of Sunday work unjustified - Applicant complained about reduction and got union involved - Later received letter from respondent containing number of performance and misconduct allegations - Advised letter was written warning and suspended without pay until matter resolved - Warning issued before concerns put to applicant - Nature of concerns did not justify suspension in absence of employment term permitting it - Warning and suspension unjustified - UNJUSTIFIED DISMISSAL - Constructive dismissal - Claimed unjustified disadvantages constituted repuditory conduct - After unsuccessfully trying to arrange meeting with union, respondent attempted to contact applicant directly - Told applicant to report to work for disciplinary meeting - Issued second warning when she did not attend - Final warning issued for taking information without authority and applicant told to return uniform - Not appropriate to say suspension indefinite - Matters complicated by discussions about exit package and failure of respondent and union to arrange early meeting - Respondent should not have attempted to bypass union - Breaches by respondent numerous and significant - Failed to treat applicant fairly and reasonably - Failure to return to work foreseeable - Constructive dismissal - Remedies - Contributory conduct - Defying new roster ill-advised and applicant admitted unauthorised breaks - Not satisfied start time a condition of employment - Further claim for holiday pay raised inappropriately - Any underpayment likely to be minimal and matter not taken further |
| Result | Application granted ; Reimbursement of lost wages ($126)(Reduction in hours) ; ($630)(Suspension) ; ($2,730)(13 weeks)(Dismissal) ; Holiday pay ($209.16) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12 |
| Cases Cited | Hardy v Scoopy's Ice Cream Parlour Ltd & Anor unreported, RA Monaghan, 12 October 2006, AA 319/06 |
| Number of Pages | 7 |
| PDF File Link: | aa 36_07.pdf [pdf 32 KB] |