| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 115/09 |
| Hearing date | 10 Mar 2009 |
| Determination date | 29 July 2009 |
| Member | P Montgomery |
| Representation | G Abdinor ; I Thompson |
| Location | Christchurch |
| Parties | Hancox v Victoria Street Cafe & Restaurant Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent claimed applicant resigned – Applicant disputed this - Respondent advised applicant of shortfall in till balance – Applicant recalled why this occurred and advised respondent – Applicant misunderstood respondent’s reaction and heated debate ensued – Applicant upset and subsequently left premises – Applicant returned to work following day – Respondent held meeting with applicant to discuss various allegations never previously raised and suggested applicant resign - Authority found applicant did not resign – Found applicant dismissed unjustifiably by respondent failing to investigate incident – Remedies – No contributory conduct – Found applicant worked on average 43 hours per week – Applicant entitled to lost remuneration for 13 weeks based on average hours per week – Reduced by 10 working days for sick leave – Applicant entitled to refund for return of uniform of $120.00 – $6,000 compensation appropriate – Duty manager |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined) – Reimbursement for return of uniform ($120.00) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 Feb 1994, WEC 3/94;Kostic v Dodd unreported, Couch J, 11 July 2007, CC14/07;Monteith v Hakansson unreported, Shaw J, 18 March 2008, WC 5/08 |
| Number of Pages | 11 |
| PDF File Link: | ca 115_09.pdf [pdf 45 KB] |