The Employment Relations Authority has thrown out a claim
for unjustified dismissal by an employee who alleged that the terms of her
employment agreement had been unilaterally changed without her consent.
The employee alleged that accommodation was provided as
part of her employment package and that that accommodation was taken away
without consent. She also alleged that,
because she was living in the accommodation, she was on call throughout the
night and had not been paid on call wages for those hours. She also alleged that her holiday pay was
incorrectly paid.
The Employment Relations Authority found that
accommodation was not part of the employee’s employment agreement. She had been allowed to live in the accommodation
as a favour by the employer because other accommodation was not available. It turned out that the employee did have a
rental property, but was subletting that to someone else and staying free at
the employer’s accommodation.
Because the employee was not required to be on call at
night time her claim for on call wages was dismissed, as was her claim for
incorrectly paid holiday pay.
The ERA held there was no unjustified dismissal and that
the employee had abandoned her employment by failing to return after a period
of sick leave.
Alan
Knowsley
Employment
Lawyer Wellington
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