| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 140/10 |
| Hearing date | 29 Apr 2010 |
| Determination date | 01 July 2010 |
| Member | J Crichton |
| Representation | K Murray ; A Higgins |
| Location | Christchurch |
| Parties | Tatterson v T R Smart Ltd t/a Robbie's Bar and Bistro New Brighton |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and subjected to disadvantage as consequence of unjustified actions and unlawful discrimination – Authority found applicant resigned – Found no encouragement by respondent for applicant to leave employment – Found no unlawful discrimination – Found applicant suffered disadvantage by having to carry training debt since end of employment – REMEDIES – No contributory conduct – $1,000 compensation appropriate – $5,035 reimbursement of unpaid tuition fees owing – COUNTERCLAIM – BREACH OF CONTRACT – Training agreement between parties provided if applicant left employment inside three year period, applicant to repay course fees – Respondent alleged breach of contract – Applicant claimed fulfilled obligations under training agreement – Respondent claimed applicant obligated to repay full course fees – Found parties reached training agreement three years prior to applicant’s resignation – Found applicant fulfilled obligations to respondent under training agreement – Training agreement provided course fees to be reimbursed by respondent upon applicant passing relevant courses – Found respondent failed to fulfil obligation – Found tuition fees due and owing – Apprentice chef |
| Result | Application dismissed (unjustified dismissal) ; Application dismissed (counterclaim) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Reimbursement of tuition fees ($5,035) ; Costs reserved ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 8 |
| PDF File Link: | ca 140_10.pdf [pdf 31 KB] |