| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 97/09 |
| Hearing date | 19 Mar 2009 |
| Determination date | 06 July 2009 |
| Member | H Doyle |
| Representation | K Arnott ; E Pascoe |
| Location | Blenheim |
| Parties | Bergman v Pascoe Enterprises (2000) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged when respondent altered hours of work and rate of pay to that not in accordance with employment agreement (“EA”) – Upon applicants return from maternity leave parties verbally agreed to gradual increase in hours until applicant working at guaranteed hours in EA – Respondent argued because applicant failed to return information about childcare continued to roster applicant for limited hours and not hours discussed – Authority considered very unlikely applicant did not get back to respondent – Authority found agreement between parties applicant would be rostered for hours and rate discussed – Found applicant agreed to delay implementation of agreement – Found no compliance with agreement before employment relationship ended – Found applicant unjustifiably disadvantaged by respondent’s failure to roster applicant in accordance with EA – Remedies – Authority found appropriate remedy sum of what applicant would have received if EA complied with – UNJUSTIFIED DISMISSAL – Respondent argued no intention to dismiss applicant and merely wanted applicant to indicate availability – Authority found respondent’s actions around roster amounted in circumstances to dismissal – Found respondent did not attempt to justify dismissal – Dismissal unjustified – Remedies – No contributory conduct – Authority ordered respondent to pay applicant $1260 reimbursement of lost wages – Found applicant significantly distressed by dismissal – Found applicant placed considerable trust in respondent and felt betrayed – Found $5,000 compensation appropriate – Gift shop worker |
| Result | Applications granted (Disadvantage) (Dismissal) ; Reimbursement of lost wages ($1260) ; Compensation for humiliation etc ($5,000) (Dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | ca 97_09.pdf [pdf 38 KB] |