| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 363/08 |
| Hearing date | 25 Sep 2008 |
| Determination date | 22 October 2008 |
| Member | J Scott |
| Representation | S Caswell ; B Davis |
| Location | Rotorua |
| Parties | Bogun v Davis t/a Outdoor Sportsworld |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent’s owner (“D”) – Respondent argued applicant abandoned employment – Authority found applicant preferred not to work weekends but entered into verbal employment agreement (“EA”) with D that would work Monday, Tuesday, Thursday, and one Saturday every three weeks – Found, subsequently applicant entered verbal agreement with co-worker (“O”) that O would work weekends for applicant – Authority found likely applicant misunderstood agreement only for two months until O left employment – At meeting with D applicant stated no longer worked weekends – D told applicant required to work weekends – Applicant claimed O yelling and screaming – Authority found on evidence D’s manner assertive and on the point – Found D was not angry towards applicant – Found applicant one who became loud and angry – Authority concluded no conduct by D that was repudiatory of EA with applicant – Found EA included provision applicant would work one Saturday in three – Found applicant took exception to provision pointed out by D and left respondent – Found no dismissal – PENALTY – Applicant sought penalty against respondent for failure to provide written EA – Authority found existence of written EA would have avoided applicant’s confusion – Penalty payable to crown appropriate – Retail assistant |
| Result | Application dismissed ; Penalty ($500)(Payable to crown) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s103(1)(a);ERA s103(1)(b);ERA s63A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415 |
| Number of Pages | 12 |
| PDF File Link: | aa 363_08.pdf [pdf 38 KB] |