| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 416/08 |
| Hearing date | 14 Oct 2008 |
| Determination date | 09 December 2008 |
| Member | M Urlich |
| Representation | M Whitehead ; M Zhu |
| Location | Auckland |
| Parties | Choi v Harmony Realty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondent - Company (“vendor”) employing applicant sold to respondent - Applicant claimed employment transferred to respondent or respondent entered into new employment agreement (“EA”) on identical terms to previous EA - Claimed vendor told her company being sold and would have work with new company - Claimed received letter from vendor stating respondent taking on vendor’s staff - Respondent claimed never employed applicant and attempts to negotiate terms of employment unsuccessful - Applicant resigned - Authority found no agreement between vendor and respondent applicant be offered identical terms of employment with respondent - Found respondent made no representation would offer applicant employment - Found applicant had no basis to assert employment transferred to respondent - Found respondent acted in good faith in offering proposed terms of employment and seeking agreement on terms - Found applicant continuing on identical hours and pay rate did not mean permanent EA entered into - Found arrangement conditional on negotiation and agreement of terms of employment - Found ending of employment by failure to agree terms pre-empted by applicant’s resignation - Found no circumstances giving rise to unjustified constructive dismissal - DISCRIMINATION - Applicant claimed unlawfully discriminated against on racial grounds - Claimed told by respondent wanted to employ receptionist with “white face” - Respondent denied making comment - Authority found respondent did not make comment - Found comment inconsistent with other evidence - Found respondent sought to employ receptionist who spoke Mandarin and Cantonese as most clients Chinese and focusing business on Chinese market - Applicant spoke neither language - Found not unlawful to have genuine need for specific language requirement for position - Found no unlawful discrimination - ARREARS OF WAGES - Authority satisfied arrears of wages due for one weeks work |
| Result | Applications dismissed (unjustified dismissal, discrimination) ; Application granted (Arrears of wages) ; Arrears of wages ($424.29) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s69OH;ERA s161 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authority Officers IUOW [1994] 1 ERNZ 168 |
| Number of Pages | 5 |
| PDF File Link: | aa 416_08.pdf [pdf 21 KB] |