| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 151/07 |
| Hearing date | 10 Oct 2007 |
| Determination date | 14 December 2007 |
| Member | H Doyle |
| Representation | M Sinclair ; S Barr |
| Location | Christchurch |
| Parties | Manson v X Ltd |
| Summary | PRACTICE AND PROCEDURE - Respondent sought non-publication order in relation to identity - Previous employees threatened his family and business - Real risk publicity would impact on director’s family - Order prohibiting publication of respondent’s identity - UNJUSTIFIED DISADVANTAGE - Applicant claimed hours unilaterally reduced - Respondent submitted change only temporary - Applicant previously decided to resign but later withdrew resignation - Respondent claimed agreed to withdrawal on condition of full attendance - Although likely issue raised, Authority thought less likely clearly put forward as condition - Applicant subsequently admitted to hospital - When returned to work, director considered her too unwell to work - Rosters for following two weeks already prepared and applicant told full hours unavailable - Authority not satisfied respondent intended or told applicant hours permanently reduced - Fair and reasonable employer would have given her some certainty about rostered hours and asked for doctor’s certificate fit to work if doubted ability to return - Applicant contractually entitled to 40 hours a week - Respondent deliberately decided not to change roster - Applicant unjustifiably disadvantaged when advised hours would be reduced for next two weeks - Remedies - Lost wages limited to one week as after that did not present to work - Short nature or employment and fact applicant already unhappy in employment taken into consideration - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant left premises and did not return when advised work available - Constructive dismissal required communication that repudiatory conduct accepted and breach is reason for resignation - Authority unclear as to when applicant resigned and on what basis - Appeared hours issue not only reason for failure to return, but other reasons not communicated to respondent - Applicant’s failure to present for work not sufficient in the circumstances - Hours issue raised as disadvantage claim - No subsequent actions adequate to validly cancel employment agreement - No constructive dismissal - Shop assistant |
| Result | Application granted (Disadvantage) ; Reimbursement of lost wages ($410)(1 week) ; Compensation for humiliation etc ($3,000) ; Application dismissed (Dismissal ) ; Orders accordingly ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10(1) |
| Number of Pages | 12 |
| PDF File Link: | ca 151_07.pdf [pdf 45 KB] |