| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 93/07 |
| Hearing date | 30 Apr 2007 |
| Determination date | 07 August 2007 |
| Member | P Montgomery |
| Representation | J Guthrie ; K Kereu |
| Location | Dunedin |
| Parties | Scoles v Nga Clarke's Ltd t/a Black Swan Tea Rooms & Motels |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Discontent between employees, including applicant, and supervisor led to employees taking unauthorised break - Respondent claimed instructed employees to return to work, otherwise “may as well go home” - Applicant left premises but claimed expected to return to work next day - Respondent later told her she had “sacked herself” by walking off - Circumstances did not fall under abandonment provisions in employment agreement - Respondent submitted failure to follow instruction to return to work provided justification for termination - Clear at time employment ended respondent relied on applicant’s leaving work rather than refusal to obey instruction - Fair and reasonable employer would have investigated why applicant left premises before considering penalty - Dismissal unjustified - Remedies - Contributory conduct 20 percent - Ability to recover lost wages limited as applicant had already given notice of resignation - UNJUSTIFIED DISADVANTAGE - Applicant alleged hours unilaterally reduced - Respondent contended hours reduced by agreement due to applicant’s pregnancy - No evidence to support unilateral change to hours - No unjustified disadvantage - SEXUAL HARASSMENT - Applicant claimed respondent did nothing when she complained about male employee staring at her breasts - Respondent claimed spoke with employee and informed applicant of this by letter - Respondent addressed matter appropriately - However, by not confirming letter received, applicant left with view nothing done - Applicant disadvantaged by failure but it fell short of being unjustifiable - Hospitality worker |
| Result | Application granted (dismissal) ; Compensation for humiliation etc ($3,000 reduced to $2,400) ; Application dismissed (Disadvantage, sexual harassment) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 11 |
| PDF File Link: | ca 93_07.pdf [pdf 45 KB] |