| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 64/10 |
| Hearing date | 11 Mar 2010 |
| Determination date | 12 March 2010 |
| Member | P Cheyne |
| Representation | Y Wang ; J Goldstein |
| Location | Christchurch |
| Parties | Wang v Amici's Riccarton Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent argued applicant failed to raise personal grievance within 90 days – Authority found no merit in argument – No written employment agreement – Found term of employment for applicant to work in accordance with weekly roster – Applicant’s hours varied and argument ensued about lack of hours – Applicant resigned – Found no breach of duty to applicant – Found applicant resigned because needed certainty about weekly income – Found guarantee never term of employment with respondent – No dismissal – COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought $500 contribution to costs – Applicant in difficult financial position – Found investigation managed to minimise legal costs – Found respondent contributed to problem in failing to provide written employment agreement – No order for costs |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers’ IUOW Inc [1994] ERNZ 168;Auckland etc Shop Employees’ etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 5 |
| PDF File Link: | ca 64_10.pdf [pdf 24 KB] |