| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 14/10 |
| Hearing date | 8 Oct 2009 |
| Determination date | 18 January 2010 |
| Member | V Campbell |
| Representation | S McKenna ; D Jackson |
| Location | Auckland |
| Parties | Jensen v Jackson |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s failure to provide job description in employment agreement (“EA”) caused disadvantage – Authority found applicant initialled EA indicating job description attached therefore probable description attached at time EA signed – Found if no job description provided, no disadvantage suffered as daily duties listed on work whiteboard and diary – Applicant claimed respondent failed to provide hours of work in EA causing disadvantage – Claimed required to work on weekends off which caused stress – Found probable hours of work attached to EA – Found applicant’s work hours and weekends off recorded in diary and available to applicant – No disadvantage – RECOVERY OF MONIES – Applicant claimed deduction of monies from wages and holiday pay unlawful - Applicant resigned from respondent without giving required notice period in EA – Applicant claimed respondent agreed to shorter notice period – Authority found respondent did not agree to vary EA and applicant knew respondent unhappy about lack of notice – Found EA provided applicant would not be paid for unworked notice period did not work by choice - Found given applicant’s failure to work out required notice period, deduction of monies by respondent lawful – Recovery of monies declined – Farm Assistant |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Bilkey v Imagepac Partners unreported, Colgan J, 7 Oct 2000, AC 65/02;Mason v Health Waikato [1998] 1 ERNZ 84;McCosh v National Bank unreported, Colgan J, Sept 13 2004, AC 49/04;NZ Storeworkers IUW v South Pacific Tyres (NZ) Ltd [1990] 3 NZILR 452 |
| Number of Pages | 5 |
| PDF File Link: | aa 14_10.pdf [pdf 32 KB] |