| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 73/02 |
| Hearing date | 19 Jun 2002 |
| Determination date | 18 July 2002 |
| Member | H Doyle |
| Representation | R Davidson ; M Smith |
| Location | Christchurch |
| Parties | West v Fayen |
| Summary | UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Whether resigned or dismissed - Gave notice of resignation - Alleged refusal to address disputes led to resignation - Alleged dismissed during notice period - No constructive dismissal - Chose to resign for personal reasons - Applicant conceded notice period was flexible - Dismissal claim not established - UNJUSTIFIED DISADVANTAGE - Alleged unilateral variation of contract - Alleged reduced hourly rate - Claimed forced to work weekends - Hourly rate correctly paid - Not paid for weekends worked - Entitled to arrears of wages and holiday pay |
| Result | Application dismissed (Unjustified dismissal ) ; Application granted (Unjustified disadvantage) ; Arrears of wages ($253.84) ; Arrears of holiday pay ($244.56) ; Interest (7 percent) ; Costs reserved |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |