| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 20/09 |
| Hearing date | 12 Aug 2008 |
| Determination date | 24 February 2009 |
| Member | H Doyle |
| Representation | M Gibson ; M Beech, A Scott |
| Location | Christchurch |
| Parties | Opetaia v Trans Otway Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustified disadvantage following suspension and demotion – Applicant hired as supervisor – Letter sent to applicant outlining performance concerns and misconduct allegations – First disciplinary meeting held – Respondent advised applicant would be “sacked” or demoted – Respondent suspended applicant until decision reached the following day – Applicant remained suspended for five weeks without clarification of employment status – Applicant offered driver position while on suspension – Applicant claimed position was casual and still waiting for respondent’s decision - Applicant requested clarification of supervisor position and advised current situation “untenable” - Applicant resigned – Authority found respondent failed to consider principles of procedural fairness and consequences of suspension – No alternative to suspension given to applicant – Suspension period longer than anticipated without any clarification to employment status – No warnings given – No good basis for suspension when misconduct allegations not proven – No contractual basis for suspension – Disadvantage unjustified - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed - Authority found demotion amounted to unilateral change of duties breaching employment agreement (“EA”) – Found no new position offered at disciplinary meeting – Found applicant’s letter describing situation as “untenable” made resignation reasonable foreseeable – Dismissal unjustified – REMEDIES – No contributory conduct – Global award of $8,000 compensation for disadvantage and dismissal – Reimbursement of 2 weeks lost wages – ARREARS OF WAGES - Reimbursement of one day unpaid sick leave – ARREARS OF HOLIDAY PAY - Order for payment of three alternative holidays – Supervisor |
| Result | Applications granted ; Reimbursement lost wages ($2,070.80)(2 weeks) ; Arrears of wages ($124.00)(1 day sick leave) ; Arrears of holiday pay ($372.00)(3 days) ; Compensation for humiliation etc ($9,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Graham v Airways Corporation NZ Limited [2005] 1 ERNZ 587 |
| Number of Pages | 16 |
| PDF File Link: | ca 20_09.pdf [pdf 60 KB] |