| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 408 |
| Hearing date | 17 May 2011 - 22 Jun 2011 (2 days) |
| Determination date | 19 September 2011 |
| Member | Y S Oldfield |
| Representation | B Fox ; R Upton |
| Location | Auckland |
| Parties | Scott v Waiwera Infinity Spa Resort Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and disadvantaged by respondent – Applicant went on leave following diagnosis of carpel tunnel syndrome – During applicant’s absence new role of Spa Manager created – Applicant advised Spa Manager (“B”) would have to limit massage duties but gave no indication of how long situation would continue – B offered applicant reception and therapist work but did not add up to 40 hours per week and included weekend shifts – Receptionist’s pay also less than therapist’s – Applicant unhappy with proposal as needed full time work and did not have access to childcare in weekends – B suggested applicant talk to senior management about redundancy – B claimed no authority to dismiss applicant and planned to talk to senior management about proposal – B claimed applicant was going to think about proposal – Applicant thought options were to either accept proposal or leave – General Manager of Marketing and Customer Service confirmed applicant could return to full duties if provided medical clearance – Applicant failed to provide medical clearance so respondent proceeded to dismiss applicant – Applicant claimed medically fit to work – Authority found applicant did indicate was need to manage risk of injury flaring up again – Found reasonable for B to put forward proposal – Applicant claimed proposal made on take it or leave it basis – Found B’s comment about redundancy did not turn situation into constructive dismissal or disadvantage grievance – Found premature for applicant to treat employment at end – No constructive dismissal or disadvantage grievance – Senior Beauty Therapist |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_408.pdf [pdf 18 KB] |