| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 75/09 |
| Hearing date | 10 Feb 2009 - 3 Mar 2009 (2 days) |
| Determination date | 05 June 2009 |
| Member | H Doyle |
| Representation | A McKenzie ; P Macdonald |
| Location | Christchurch |
| Parties | Tutty v Green Diamond Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed following altercations with respondent – Respondent claimed abandonment of employment – First altercation concerned disagreement over employment agreement (“EA”) – Respondent made changes to store’s operation due to new ownership – Manager (“F”) claimed applicant uncooperative and advised respondent – Director (“H”) advised F to calm situation and ensure customers did not overhear – F presented applicant with EA and sought signature – Second altercation concerned disagreement over lunch break – F gave applicant 10 minute lunch break at later time than requested due to busy period – Applicant argued entitled to 30 minute break – Altercation occurred – Applicant claimed respondent said “get out you no longer have a job” – F asked security guard to remove applicant from workplace – Applicant claimed dismissed – Applicant advised H of dismissal however H believed applicant abandoned employment – H unsuccessfully attempted to arrange meeting – Authority found insufficient evidence of dismissal – Found applicant suffered unjustified disadvantage by being removed creating uncertainty over employment status – Authority accepted F felt applicant became uncontrollable after second altercation and concerns customers may overhear reasonable – However removal by security guard “heavy handed” when alternatives existed to manage situation – Found respondent acted in good faith by attempting to organise meeting – Found applicant’s refusal to meet contributed to end of employment relationship – No dismissal – Disadvantage unjustified – REMEDIES – Found contributory conduct – Reimbursement of three days lost wages – Found compensation of $600 after reduction appropriate – Sandwich Artist |
| Result | Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Reimbursement of lost wages (Quantum to be decided)(3 days) ; Compensation for humiliation etc ($600) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s122 |
| Number of Pages | 10 |
| PDF File Link: | ca 75_09.pdf [pdf 43 KB] |