| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 125/08 |
| Hearing date | 20 Aug 2008 |
| Determination date | 22 August 2008 |
| Member | J Crichton |
| Representation | P Petelo ; no appearance |
| Location | Ashburton |
| Parties | Franks v Dynasty Methven Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - No appearance by respondent - Shortly after commenced employment applicant became responsible for large range of duties outside job description - Applicant argued duties increased because respondent dysfunctional employer and senior manager of respondent (“W”) poor manager - During course of applicant’s employment applicant’s wife (“I”) began employment with respondent - Authority satisfied that W sexually harassed I - I’s health suffered as a result of harassment and applicant and I’s relationship put under strain - I resigned - Parties had argument about work applicant to perform - Applicant resigned - Authority found applicant suffered disadvantage as consequence of series of unjustified actions by respondent in two respects - Firstly increase in applicant’s role well beyond job description such that applicant working extraordinary hours without receiving additional pay - Secondly I’s sexual harassment put huge pressure on applicant’s relationship with I and applicant’s continued employment with respondent - UNJUSTIFIED DISMISSAL - Constructive dismissal - Factual matrix for unjustified disadvantage also lead to Authority finding applicant’s resignation was constructive dismissal - Dismissal unjustified - REMEDIES - Applicant not paid for last two weeks of employment - Respondent to pay outstanding wages - Authority satisfied applicant lost wages as result of unjustified dismissal - Respondent to pay applicant contribution to lost wages - Applicant suffered hurt and humiliation as result of personal grievances - Award of compensation for each grievance type appropriate - No separate award made for respondent’s breach of duty of good faith - COSTS - Applicant entitled to contribution to costs - Executive chef |
| Result | Application granted ; Arrears of wages ($1,267.48) ; Reimbursement of lost wages ($5,000) ; Compensation for humiliation etc ($7,000) ; Disbursements in favour of applicant ($70)(filing fee) ; Costs in favour of applicant ($1,750) |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | ca 125_08.pdf [pdf 26 KB] |