| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 18/07 |
| Hearing date | 7 Feb 2007 |
| Determination date | 20 February 2007 |
| Member | J Crichton |
| Representation | P Brown ; R Davidson |
| Location | Christchurch |
| Parties | Harvey v Milton Grange Pharmacy Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Whether respondent's owner told applicant business sold during job interview - Applicant claimed had no idea business sold and employment relationship would soon end - Applicant claimed found out situation when overheard owner talking about upcoming retirement - Owner told applicant buyer would take her on - Based this on fact buyer willing to employ applicant's predecessor - However, predecessor had pharmacy qualification and of different utility - Applicant subsequently spoke to buyer, who indicated did not wish to employ her - On balance of probabilities owner did not take sufficient steps to ensure applicant understood business sold - Failed to clearly establish terms of engagement - Owner should have ascertained whether applicant's employment would continue with buyer - Unjustified disadvantage - As soon as became clear applicant's employment not going to continue severance negotiations should have begun - No evidence of breach of good faith, owner genuinely believed applicant engaged for continuing employment - PENALTY - Failure to provide written employment agreement significant - Would have forced parties to recognise nature and extent of employment relationship - Penalty appropriate - Pharmacy assistant |
| Result | Application granted ; Compensation for humiliation etc ($7,000) ; Penalty ($750)(payable to applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | ca 18_07.pdf [pdf 42 KB] |