| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 103/09 |
| Hearing date | 6 Jul 2009 |
| Determination date | 15 July 2009 |
| Member | J Crichton |
| Representation | D Carruthers ; M Gillespie (in person) |
| Location | Greymouth |
| Parties | Wratt v Gillespie t/a The Royal Hotel |
| Summary | UNJUSTIFIED DISMISSAL – Whether dismissed or resigned on own accord – Misunderstanding about whether hours subject to seasonal adjustment – No employment agreement – Applicant argued unilateral variation of hours – Respondent agreed but argued done to equalise work available between applicant and other barperson – Applicant complained respondent changed time sheets – Respondent argued altered time sheets to reflect time off – Disagreement about whether customer overcharged – Applicant told customer discrepancy in account – Respondent argued applicant wrong in telling customer – Following day respondent told applicant not to come to work – Applicant handed in resignation letter next day – Authority found respondent sensible in telling applicant not to come to work so respondent could cool off – Resignation letter made no reference to disagreement between parties – Found no breach of duty by respondent making resignation foreseeable – No constructive dismissal – ARREARS OF WAGES – Found respondent owed applicant unpaid wages of $643 – Found bar tab forgiven – UNJUSTIFIED DISADVANTAGE – Found applicant had knowledge about seasonal adjustment of hours - Found time sheets changed for proper purposes – No unjustified disadvantage – Bar manager |
| Result | Application dismissed ; Arrears of wages ($643.58) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | ca 103_09.pdf [pdf 22 KB] |