| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 132/09 |
| Hearing date | 2 Jun 2009 |
| Determination date | 19 August 2009 |
| Member | P Montgomery |
| Representation | M Hill (in person) ; L Scott |
| Location | Dunedin |
| Parties | Hill v The Bay Cafe Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Statement of problem received at respondent’s registered office eight days outside 90 day period – Authority found applicant failed to raise personal grievance within 90 day timeframe – PRACTICE AND PROCEDURE – Identity of employer – Respondent claimed first closure voided employment agreement and could not impose obligations on either party in relation to second closure – Found initial agreement continued to govern employment relationship – UNJUSTIFIED DISMISSAL – Redundancy – Redundancy substantially justified – Respondent failed to engage with applicant in consultation process – Dismissal unjustified – Grievance claim voided by 90 day rule – REMEDIES – No contributory conduct – Applicant entitled to four weeks notice paid upon redundancy in employment agreement – Respondent failed to comply with contractual obligation – PENALTY – Applicant claimed respondent aided and abetted breach of employment agreement – Found claim not established – COSTS – Authority lacked jurisdiction – Less than ï¾½ day investigation meeting – Contribution to total costs of $500 reasonable – Head chef |
| Result | Application dismissed (Personal grievance) ; Redundancy compensation ($2,960) ; Costs in favour of applicant ($500) |
| Main Category | Raising PG |
| Statutes | ERA s103A;ERA s114;ERA s130(2);ERA s224(4) |
| Cases Cited | Coutts Cars Ltd v Baguley [2002] 2 NZLR 533 |
| Number of Pages | 7 |
| PDF File Link: | ca 132_09.pdf [pdf 25 KB] |