| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 187/08 |
| Hearing date | 15 Oct 2008 |
| Determination date | 10 December 2008 |
| Member | H Doyle |
| Representation | J Beck ; J Wilson |
| Location | Dunedin |
| Parties | Ramsay v Carolyn Uren t/a Hair Hunters His and Herz Salon |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed when respondent unilaterally implemented new hours – Applicant had worked existing hours from commencement of employment – Respondent proposed new hours for business reasons – New hours not suitable for applicant – Authority found new hours not negotiable by respondent – Found respondent proposed meeting after notice of personal grievance given – Found applicant too upset to meet respondent after further issues raised – Found applicant not advised could return on existing hours – Found unjustifiable constructive dismissal – Found existing hours express term of applicant’s employment agreement (“EA”) – Found unilateral implementation of new hours breached EA – Found respondent’s failure to take account of applicant’s concerns breached duty of good faith – Found reasonably foreseeable applicant would not continue new hours – Found applicant entitled to remain at existing hours until matters discussed – Unjustified constructive dismissal – REMEDIES – No contributory conduct – No timeframe given for applicant respond to proposal – $3000 compensation appropriate – Hurt and humiliation associated firstly with refusal to negotiate and secondly issues raised to applicant – Damage to employment relationship taken into account – Six weeks lost wages reimbursed – Applicant obtained new employment – Hairdresser |
| Result | Application granted ; Reimbursement of lost wages ($1,500) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 |
| Number of Pages | 9 |
| PDF File Link: | ca 187_08.pdf [pdf 39 KB] |