| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 38/07 |
| Hearing date | 1 Mar 2007 |
| Determination date | 13 March 2007 |
| Member | G J Wood |
| Representation | R Jamieson ; J Chow |
| Location | Wellington |
| Parties | Baskett v B & M Entertainment Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant employed as brothel manager - Business restructured - Applicant promoted to new group manager position - Other manager left without notice when not accepted to new position - Applicant felt overworked and resigned, but owners asked her to withdraw resignation - Authority found resignation withdrawn by agreement - Respondent tried to revert to old business structure and rehired other manager - Told applicant group manager position disestablished at meeting - Respondent mistakenly believed could rely on applicant's resignation - In effect applicant lost position as group manager and demoted - Constituted substantial unilateral variation to employment agreement, not redundancy - Applicant correct to conclude had effectively been dismissed at end of meeting - Respondent failed to consult applicant when decided to revert to previous structure - No justification due to lack of consultation - Dismissal unjustified - PENALTY - Also claimed respondent failed to provide safe workplace due to heavy workload and being required to work in excess of contracted hours - Additional hours required for short time, and applicant given support when resigned - Applicant prepared to work long hours - Penalty not deserved - Brothel manager |
| Result | Application granted ; Reimbursement of lost wages ($12,318) ; Compensation for humiliation etc ($8,000) ; Application dismissed (Penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | wa 38_07.pdf [pdf 35 KB] |