| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 144/10 |
| Hearing date | 1 Dec 2009 |
| Determination date | 26 March 2010 |
| Member | V Campbell |
| Representation | A Heinrich ; M Arneson |
| Location | Hamilton |
| Parties | Zhao v Health and Body Clinic Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unilateral reduction of work hours and breach of employment agreement (“EA”) caused disadvantage – EA provided applicant provided with ongoing training – Applicant claimed no training provided for colonic hydrotherapy – Respondent argued applicant given training – Authority found applicant admitted not raising matter with respondent – Found applicant did not undertake colonic irrigation or hydrotherapy – No disadvantage – Applicant claimed unilateral reduction of work hours – Found hours unilaterally reduced causing disadvantage – Disadvantage unjustified - UNJUSTIFIED DISMISSAL – Applicant claimed unjustified summary dismissal – Respondent argued applicant abandoned employment – Altercation occurred between parties – Respondent typed dismissal letter but not given to applicant – Dismissal letter face down on applicant’s desk - Applicant left workplace and did not return – Applicant took dismissal letter – Authority found probable applicant dismissed – Found final pay paid in accordance with terms of dismissal letter – Found respondent did not contact applicant when applicant did not return – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of three months lost wages – Reimbursement for monies lost due to unilateral reduction in hours – Found $4,000 global compensation appropriate |
| Result | Applications granted ; Reimbursement of lost wages ($6,654.92)(3 months) ($143.00)(Unilateral reduction of hours) ; Compensation for humiliation etc ($4,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Limited v Hudson [2006] 1 ERNZ 415;Bilkey v Imagepac Partners, unreported, Colgan J, 7 Oct 2000, AC 65/02;Mason v Health Waikato Ltd [1998] 1 ERNZ 84;McCosh v National Bank, unreported, Colgan J, 13 Sep 2004, AC 49/04;NZ Storeworkers etc IUOW v South Pacific Tyres (NZ) Ltd [1990] 3 NZILR 452;Toll New Zealand Consolidated Ltd v Rowe, unreported, Shaw J, 19 Dec 2007, AC 39A/07;X v Auckland District Health Board [2007] 1 ERNZ 66 |
| Number of Pages | 7 |
| PDF File Link: | aa 144_10.pdf [pdf 28 KB] |