| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 100/07 |
| Hearing date | 18 Apr 2007 |
| Determination date | 10 August 2007 |
| Member | P Cheyne |
| Representation | S Sansom ; A McKenzie |
| Location | Nelson |
| Parties | Drummond v National Union of Public Employees Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - Respondent unilaterally varied employment agreement by reducing applicant’s hours - Applicant entitled to reject purported variation and insist on proper performance of agreement - Entitled to full salary from date of reduction - Authority determined applicant had raised grievance about issue - Unjustified disadvantage - Remedies - Applicant contributed to circumstances giving rise to disadvantage as misled respondent about salary when it took over his previous employer - Contributory conduct 60 percent - UNJUSTIFIED DISMISSAL - Misconduct - Breach of duty of fidelity - Parties relationship deteriorated, number of disciplinary investigations begun but reasonable in circumstances - Applicant dismissed for involvement in establishment of rival union - Conclusion open to reasonable employer - Dismissal justified - Claim for redundancy compensation and arrears of holiday pay dismissed - BREACH OF CONTRACT - Counterclaim - As counterclaim conditional on finding applicant entitled to redundancy compensation, not taken further by Authority - Union organiser |
| Result | Application granted (Disadvantage) ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($5,000 reduced to $2,000) ; Application dismissed (Dismissal, Arrears of holiday pay, Redundancy) ; Counterclaim dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Contractual Remedies Act 1979 |
| Cases Cited | Reporoa Stores Limited v Treloar [1958] NZLR 177;Westpac Banking Corporation v Stephen [2000] 1 ERNZ 566 |
| Number of Pages | 24 |
| PDF File Link: | ca 100_07.pdf [pdf 75 KB] |