| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 40/07 |
| Hearing date | 27 Feb 2007 |
| Determination date | 13 March 2007 |
| Member | D Asher |
| Representation | G Gowland ; W Coffey |
| Location | Wellington |
| Parties | Adsett v Wellesley Ltd |
| Summary | UNJUSTIED DISADVANTAGE - No written employment agreement - Applicant responded to advertisement for camp manager - Claimed permanently employed as camp manager with trial period - Respondent claimed offered casual work at camp - Applicant shown around camp by other employee (S") - S gave evidence respondent told him applicant full-time manager when S not at camp site - Also said applicant consistently referred to as camp manager - Worked for respondent little over two weeks - Authority preferred applicant's evidence employed as permanent camp manager - Had respondent complied with obligation to provide employment agreement, written record of work to be performed would have existed - Was major cause of employment relationship problem - No reference to casual employment in advertisement or at interview - While both parties' evidence credible, applicant's preferred due to S's supporting evidence - Authority accepted S independent witness - Fact hourly rate equated to salary offered and time sheets not required consistent with applicant's understanding - Respondent repudiated agreement by not requiring full time attendance and reducing pay - Significantly disadvantaged - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Fairly and reasonably open to applicant to regard changes amounted to termination of employment - In alternative, had Authority found against unjustified dismissal, would have been appropriate to award significant penalties for material breaches of Employment Relations Act 2000 - Would have directed most if not all monies be paid to applicant - Respondent's failures entirely responsible for bringing of matter - Constructive dismissal - PENALTY - Respondent accepted breached obligation to provide employment agreement - Failure significant contributor to finding - Also failed to advise applicant could seek independent advice and give reasonable opportunity to seek it - Harm caused by breach largely remedied by significant remedies awarded to applicant - Nominal penalty - Length of service two weeks - Camp manager" |
| Result | Application granted ; Reimbursement of lost wages ($8,682)(three months ten days) ; Compensation for humiliation etc ($6,000) ; Penalty ($100)(To Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A;ERA s63A(2);ERA s63A(3);ERA s65(2)(a)(ii);ERA s123(2);ERA s124;ERA s128;ERA 135(1)(b);ERA s136 |
| Number of Pages | 8 |
| PDF File Link: | wa 40_07.pdf [pdf 29 KB] |