| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 181/09 |
| Hearing date | 13 May 2009 |
| Determination date | 20 October 2009 |
| Member | P Montgomery |
| Representation | K Owen ; G Martin |
| Location | Christchurch |
| Parties | Calvert v ADG Pastoral Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Short term employment – Authority considered unclear as to alleged unjustifiable actions so considered factual matrix as a whole – Applicant claimed unjustifiably disadvantaged and then dismissed by respondent – Respondent argued applicant left employment when respondent wanted him to remain – Applicant sought return to New Zealand from Australia to rejoin family – Applicant claimed believed accepted full time position with one month trial period – Respondent argued decided to offer applicant one month fixed term contract – Respondent argued number of incidents led respondent to believe applicant half-hearted in position – Altercation occurred and applicant claimed told manager (“G”) would wait for notice of meeting to resolve situation – Respondent’s senior manager (“R”) argued never told applicant sought meeting – Subsequently, applicant claimed told by respondent was only casual employee and no further casual work available – Authority found applicant’s evidence in terms of timing of issues more reliable – Authority found appeared G poorly briefed on terms agreed between applicant and R – Found G’s assumption that applicant to be employed on casual basis astonishing – Found using federated farmers short-term agreement to cover permanent employment subject to trial period unsatisfactory – Authority found applicant’s approach to situation not active and constructive – Found applicant failed to seek out R when meeting did not occur – Authority satisfied R would have resolved issues over employment agreement if approached – Authority found agreed applicant’s position full time with one month trial period – Authority found applicant entitled to repudiate employment relationship as respondent unilaterally changed agreement from permanent full time to casual – Found applicant constructively dismissed – Remedies – Found applicant contributed significantly to dismissal by declining to engage with respondent – Remedies reduced by 15 percent for contributory conduct – Authority considered applicant’s letter to community law centre outlining sufficient remedies – Authority also considered when applicant on trial period, lost remuneration restricted to not beyond trial period – Found applicant entitled to 31 days lost wages – Found $3500 compensation before deduction appropriate – Herd manager |
| Result | Application granted ; Reimbursement of lost wages ($3,975.75 reduced to $3,379.35) ; Compensation for humiliation etc ($3,500 reduced to $2,975) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s4;ERA s124 |
| Cases Cited | Chambers v E N Ramsbottom Ltd unreported, 8 December 1999, Shaw J, WC 79/99 |
| Number of Pages | 9 |
| PDF File Link: | ca 181_09.pdf [pdf 41 KB] |