| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 122/02 |
| Hearing date | 24 Apr 2002 |
| Determination date | 30 April 2002 |
| Member | WRC Gardiner |
| Representation | McFarland in person ; Zhao in person |
| Location | Auckland |
| Parties | McFarland v Zhao |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Breach of contract - Unilateral reduction of hours for economic reasons - Reduction substantively justified - Reduction implemented through letter informing of changes - No consultation or mitigation of effect on applicant - Variation implemented in procedurally unfair manner - Entitled to resign in circumstances - Constructive dismissal unjustified on procedural grounds - Remedies - Procedurally unfair redundancy did not entitle applicant to recovery for lost wages - ARREARS OF WAGES - Alleged non-payment of sick days - Applicant not entitled to sick pay - Business recently acquired by respondent - No continuity of service - Alleged non-payment of first week's ACC payment - Authority had no jurisdiction to decide ACC payments - Arrears claim not established - COSTS - Litigants in person - Entitled to filing fee - Cafe worker |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages ) ; Compensation for humiliation etc ($750) ; Costs in favour of applicant ($70) |
| Statutes | ERA s103(1)(a);ERA s103(1)(b);Holidays Act 1981 s30A;Injury Prevention Rehabilitation and Compensation Act 2001 s56;Injury Prevention Rehabilitation and Compensation Act 2001 s98 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Auckland Electric Power Board v Auckland Provincial Districts Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Coutts Cars Ltd v Baguley [2001] ERNZ 660;Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 2 ERNZ 607;Wellington etc Clerical Workers' Union v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 14 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |