School girls left jobless…

An employer faced three separate personal grievance claims from its employees. Two of the employees were school children who worked part-time at the business. The employer cut their hours completely without following a proper process. They had their personal grievance claims for unjustified dismissal upheld by the Employment Relations Authority.

The ERA held that the two girls were part-time employees and by removing all of their hours the employer effectively dismissed them.  The ERA noted that the employer failed to act as a fair and reasonable employer could in the circumstances by failing to follow a proper process. The ERA held that this process was also required in a redundancy situation and the business size and lack of resources was not a valid excuse for failing to implement one.

Another employee’s personal grievance claim for constructive dismissal was rejected by the ERA. The employee complained to the ERA about the employer’s language and behaviour. The ERA held that the employer’s conduct was no more than inconsiderate and noted that the employee failed to raise an issue with the employer’s alleged, inappropriate language and behaviour before they resigned. Consequently, the ERA held that it was impossible for the employer to have foreseen her resignation or done anything to prevent it.

The ERA awarded one employee $910 for lost wages plus $1,500 compensation for humiliation, loss of dignity and injury to feelings. The other employee was awarded over $2,900 for lost wages plus $1,500 compensation.

Alan Knowsley
Employment Lawyer Wellington