| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 124/10 |
| Hearing date | 14 Apr 2010 |
| Determination date | 18 May 2010 |
| Member | J Crichton |
| Representation | J Beck ; A Higgins |
| Location | Dunedin |
| Parties | Bowden v Cheth Enterprises Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant university student who worked between one and three shifts per week for respondent – Applicant claimed incidents after work where respondent’s owner (“R”) made inappropriate behaviours towards applicant – Applicant claimed not 10 days later further inappropriate behaviours from R – Second incident culminated in physical altercation occurred between R and R’s wife about R’s behaviour, and Police called by passerby – Applicant claimed taken together incidents of inappropriate behaviours constituted breach of respondent’s duty to applicant to reasonably suggest resignation possible outcome – Applicant’s evidence preferred – Authority found R as experienced and mature bar owner had absolute obligation to ensure safety and wellbeing of young female staff member – Found plying young female staff member with liquor, even if at her request, thoroughly inappropriate – Found grave breaches of duty by respondent where ultimate and inevitable consequence was applicant’s resignation – Found applicant’s resignation reasonably foreseeable – Authority rejected argument applicant should have given respondent opportunity to put things right – Found respondent’s conduct so egregious to defy repair – Found applicant constructively dismissed – Remedies – Found no contributory conduct – Applicant claimed unable to work for balance of academic year because of events – $7,500 compensation appropriate – $1543 reimbursement of lost wages awarded – Bar worker |
| Result | Application granted ; Reimbursement of lost wages ($1543.75) ; Compensation for humiliation etc ($7,500.00) |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |