| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 346/08 |
| Hearing date | 25 Jul 2008 |
| Determination date | 01 October 2008 |
| Member | J Scott |
| Representation | A Taylor ; No appearance |
| Location | Rotorua |
| Parties | Kirk v Tregoweath and Ors |
| Other Parties | Harris, Martin t/a Innovation Intaste Restaurant |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Summary dismissal - No appearance by respondents – Applicant claimed respondent offered day manager position with specific hours at new restaurant - At staff meeting held day before restaurant opened, applicant discovered another employee given duty manager position – Applicant commenced work regardless as sole income earner in household - Rostered hours were variable and differed from original verbal agreement - No written employment agreement – Applicant raised matter of hours several times – In heated discussion, respondent said applicant could leave if not happy – Later same day, night manager told applicant that respondents not happy with applicant and applicant to only work nights - Applicant called to meeting where respondent alleged applicant complaining about respondents to their previous colleagues – Respondent dismissed applicant for serious misconduct – Authority found respondent should have addressed applicant’s concerns over work hours in good faith with view to resolve issue – Respondents did not follow fair process to conclude serious misconduct justifying dismissal - Dismissal unjustified – Remedies – No contributory conduct – One week’s notice period reasonable – Interest payable on wages for notice period – Applicant found new employment after five weeks – Four weeks reimbursement of lost wages appropriate –Compensation appropriate for arbitrary unjustified dismissal – COSTS – Applicant awarded $1,070 for costs - Waitress |
| Result | Application granted ; Reimbursement of lost wages ($1,893.12) ; Wages in lieu of notice ($473.28)(Interest 9%) ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($1,070) |
| Main Category | Personal Grievance |
| Statutes | ERA 2000 s103A;ERA 2000 Schedule 2 cl 12 |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415 |
| Number of Pages | 6 |
| PDF File Link: | aa 346_08.pdf [pdf 23 KB] |