| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 104/08 |
| Hearing date | 16 Jul 2008 |
| Determination date | 23 July 2008 |
| Member | J Crichton |
| Representation | B McDonald ; D Koubantsev |
| Location | Christchurch |
| Parties | Harris v Media Art Global Ltd & Anor |
| Other Parties | Kubikwell Ltd |
| Summary | PRACTICE AND PROCEDURE – Respondents sought to remove second respondent from proceedings – Authority found no employment relationship between applicant and second respondent – Found applicant sometimes paid by second respondent, but was as loan to first respondent – Found applicant performed no duties for second respondent – Second respondent removed - UNJUSTIFIED DISADVANTAGE – Alleged unjustified suspension - Applicant discovered not rostered on when returned from holiday – After own investigations, applicant found female staff members laid harassment complaint - Authority found failure to roster applicant amounted to suspension without pay – Found applicant should have been clearly and unequivocally advised of complaint and suspension as soon as returned from holiday – Found unfair that applicant left to speculate for several days why not on roster, and had to chase up unclear work situation – Found unfair that not confronted with nature and extent of allegations until last minute – Found complaint not promptly provided to applicant in writing - Found investigation process unsatisfactory – Found procedure improved when manager (“K”) took over investigation – Found not available to respondent to suspend without pay in reliance on “no fixed hours” provision in employment agreement – Disadvantage unjustified - UNJUSTIFIED DISMISSAL – Constructive dismissal – K’s investigation concluded no case to answer and applicant could return to work – Parties unsuccessfully tried to resolve issue of losses applicant sustained in unsatisfactory employment investigation - Applicant resigned - Authority dismissed applicant’s argument that had no choice but resignation when parties could not resolve matter – Found applicant’s conduct exonerated and chose to resign – No dismissal – REMEDIES – Authority doubted respondent’s financial ability to satisfy any award made – Applicant entitled to remedies for disadvantage grievance - No contributory conduct – Found applicant entitled to one month’s lost wages as result of suspension - Found hurt and humiliation exacerbated by uncertainty and drawn out nature of process - $1,000 compensation awarded – COSTS – Found claim partially successful – Given respondent’s financial situation and need to restrain legal costs, Authority found applicant entitled to $750 contribution to costs - Bar manager |
| Result | Application dismissed (dismissal) ; Application granted (disadvantage) ; Reimbursement of lost wages ($3,240) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($750) |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | ca 104_08.pdf [pdf 32 KB] |