| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 154 |
| Hearing date | 4 Feb 2011 |
| Determination date | 14 April 2011 |
| Member | K J Anderson |
| Representation | D Andrews ; no appearance |
| Location | Rotorua |
| Parties | Loper v Pascoe t/a Angels Cutix Nail & Beauty |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - No appearance for respondent - Applicant claimed offered 39 hours work per week by respondent - Applicant claimed employed on probationary period and when completed, hourly rate would increase - Applicant claimed hours reduced and told hourly rate would not increase - Applicant claimed employment agreement amended but indicated did not want to sign until applicant's parents had opportunity to read it - Applicant claimed respondent told applicant unsuitable for job if could not work Sundays and to go home and come back next day in front of another employee and client - Meeting held between respondent and applicant and applicant's parents - Applicant claimed told not to return to work until issue resolved - Authority found respondent's treatment of applicant unreasonable - Found little wonder matters escalated as applicant's parents got involved - Found because applicant advised to stay away from workplace until matters resolved, onus on respondent to take reasonable steps to resolve matters - Found no evidence respondent made any attempt to resolve matters - Found applicant constructively dismissed - Dismissal unjustified - REMEDIES - Found nothing to suggest applicant would not have successfully completed probation period and wage rate increased - $1,094 reimbursement of lost wages appropriate - $1,500 compensation appropriate |
| Result | Application granted ; Reimbursement of lost wages ($1,094.04) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12 |
| Cases Cited | Actors Variety etc IUOW v Auckland Theatre Trust Incorporated (1989) Sel Cas 247;Wellington Taranaki and Marlborough Clerical Workers Union v Greenwich (1983) ERNZ Sel Cas 95 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_154.pdf [pdf 25 KB] |