| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 23/02 |
| Determination date | 08 March 2002 |
| Member | G J Wood |
| Representation | E Collins ; J Shingleton |
| Location | Wellington |
| Parties | Butterworth v Williams |
| Other Parties | Country Life Ltd |
| Summary | PRACTICE AND PROCEDURE - Parties consented to reopening of investigation - First respondent not properly served with notice of investigation - Second respondent joined by consent - UNJUSTIFIED DISMISSAL - Constructive dismissal - Poor performance - Employment relationship established through employment agency - Alleged problems with staff supervision and creation of menus - Called to meeting with no notice of allegations - Handed letter of demotion - Chose to resign - Whether trial period - Trial period was in fact a 3 month guarantee for services from agency - Demotion amounted to breach of duty - Resignation foreseeable - No justification - Identity of employer - No written employment contract despite several requests for one - Doctrine of undisclosed principal - Jury v Fonseca (cited below) distinguished - First respondent equally liable for actions of second respondent - Insufficient training - No contributory conduct - Award for lost wages included holiday pay - Chef |
| Result | Application granted ; Reimbursement of lost wages ($12,115.37) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s67 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Cowan v Baggstrom unreported, Shaw J, 13 July 1999, WC 39/99;Donaldson and Youngman t/a Law Courts Hotel v Dickson [1994] 1 ERNZ 920;Jury (formerly Mana) v Fonseca [1998] 2 ERNZ 548;NZ Performance & Entertainment Workers Union v 93FM Independent Broadcasting Co Ltd [1991] 1 ERNZ 774 |
| Number of Pages | 9 |
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