| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 151/07 |
| Hearing date | 1 Nov 2007 |
| Determination date | 14 November 2007 |
| Member | P R Stapp |
| Representation | A Parker ; D Clarkson |
| Location | Wellington |
| Parties | George v The Corriebeg Trust t/a Discovery Motor Lodge |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - No written employment agreement - Applicant disagreed with proposal to make employment casual and change from hourly rate to piece rate pay structure - Manager subsequently informed applicant her pre-approved leave was to be extended - Extension made without proper notice - Applicant initially accepted change but later returned to work and had disagreement with manager over ability to require leave to be taken - Respondent claimed applicant on leave since then - Other employees accepted new conditions - Applicant claimed it was made clear would only be permitted to do odd jobs on return to work - Sought other changes to conditions and met manager several times without resolution - Manager's father DC" in charge of respondent - DC rang applicant and told her to stay away until they could meet - Meeting delayed and applicant did not return to work - Claimed lost trust in employer - Applicant not given notice or real choice in matter of extended holiday - DC's phone call to applicant wholly unjustified - Applicant not given any input into requirement to stay away and take leave - Change to employment terms required careful management - In absence of agreement, respondent bound by existing employment terms - DC submitted also wanted applicant to stay away from manager as both under stress - DC had responsibility to investigate this new claim fully - Failure more serious as it was first time he got involved and because prior decision not objective - DC's actions unjustified - Applicant disadvantaged as lost job and had to take holidays without proper notice - Unjustified disadvantage - Although applicant did not actually resign she did not return to employer because of respondent's actions - Tantamount to constructive dismissal - COSTS - Applicant entitled to $1,500 contribution to costs - Cleaner" |
| Result | Application granted ; Reimbursement of lost wages ($500)(5 weeks) ; Compensation for humiliation etc ($5,000) ; Costs ($1,500) ; Disbursements ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | wa 151_07.pdf [pdf 30 KB] |