| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 175/09 |
| Hearing date | 9 Jun 2009 |
| Determination date | 13 October 2009 |
| Member | P Montgomery |
| Representation | B Connors ; M Henderson |
| Location | Greymouth |
| Parties | Bowkett v Greymouth Dental Centre Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged through letter issuing written warning for closing practice to attend work colleague’s wedding and opening late on another occasion – Applicant argued respondent attempted to force resignation by advertising for practice manager – Respondent denied applicant held position of practice manager and closure of surgery serious matter – Applicant argued introduced at two staff parties as practice manager – Applicant claimed job advertised and was not prepared to accept demotion – Authority found employment agreement did not give applicant ground to assume was managing practice – Applicant ordered practice manager badge – Found ordered badge without authority – Found introduction as practice manager highly improbable – Applicant failed to raise issue with respondent about practice manager appointment – Found respondent concerned for operation of practice when applicant closed surgery to attend wedding – Found wage increase merely assured applicant of respondent’s satisfaction with work rather than indicate promotion to practice manager – No disadvantage – No constructive dismissal – COUNTERCLAIMS – RECOVERY OF MONIES – Various discrepancies discovered in suppliers’ invoices – Respondent sought reimbursement for personal toll calls, ink cartridge and magazines – Authority declined to make finding on magazines as likely purchased for practice – Found toll calls in breach of employment agreement – Found respondent should pursue dentist for cost of ink cartridge as purchased for personal fax machine – Found cost of toll calls repaid and no interest payable on insignificant amount – PENALTY – No penalty payable to respondent for applicant’s breach of employment agreement – Chairside dental assistant |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | ca 175_09.pdf [pdf 45 KB] |