| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 92/10 |
| Hearing date | 15 Apr 2010 |
| Determination date | 05 May 2010 |
| Member | P R Stapp |
| Representation | B Sheehan ; M Kia, L White |
| Location | Wellington |
| Parties | Waters v Darius Ltd t/a The Coffee Club |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – GOOD FAITH – Business sold to respondent – Agreement for sale and purchase required present staff be offered employment on similar terms – Applicant claimed offered less pay, bullied and verbally abused, and when roster significantly changed had no option but to resign – Respondent claimed changed roster because business in financial trouble and operation and cleanliness of business had to be improved – Respondent claimed applicant chose to resign instead of attending formal meeting to discuss employment options – Applicant claimed not informed could have support person at meeting to discuss roster – Applicant claimed presented with new roster and hours reduced – Respondent reinstated hours after terms of sale and purchase agreement brought to respondent’s attention – Respondent reduced hours again – Applicant resigned – Applicant claimed reported for work following day but sent home for being disruptive – Authority found omission to inform applicant entitled to bring representative to meeting not fatal – Found respondent restored roster and pay after becoming aware of terms of sale and purchase agreement – Found matter not enough to cause resignation – Found director and manager did not fully understand terms of sale and purchase agreement and fortunate previous employer explained terms to applicant – Found fair and reasonable employer entitled to form view roster open to re-negotiation – Found no hours specified in employment agreement and able to be varied – Found changes to roster did not breach good faith – Found insufficient evidence of bullying and abuse – Found applicant resigned voluntarily – No dismissal – Duty manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s149 |
| Number of Pages | 10 |
| PDF File Link: | wa 92_10.pdf [pdf 45 KB] |