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Home / Bay of Plenty Times

$3500 compensation for unjustified dismissal

Bay of Plenty Times
17 Feb, 2015 02:25 AM3 mins to read

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A woman has been awarded compensation for being "unjustifiable dismissed".

A woman has been awarded compensation for being "unjustifiable dismissed".

A Waihi woman has been awarded $3500 compensation after being unjustifiably dismissed.

Ruth Hawkins was awarded compensation by the Employment Relations Authority for humiliation, distress and injury to her feelings after being unjustifiably dismissed by Farm Gate Deli Limited (Farm Gate) - a food retail business in Waihi.

The authority found Ms Hawkins, who started work on April 22, 2013, was constructively dismissed by Farm Gate after it unilaterally reduced her hours from 35 hours a week to around 20 or so hours per week without "meaningful consultation".

Ms Hawkins told the authority she felt Janet Edmond - one of the two company directors - had betrayed her.

Ms Hawkins conceded she always understood her hours of work would be flexible because there was a set roster but said she only accepted the offer of employment on the basis she would be offered a minimum of 35 hours a week.

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Ms Edmond agreed that had been discussed and agreed before Ms Hawkins accepted the offer of employment and signed an individual employment agreement on April 18, 2013.

Ms Hawkins said she relied on this minimum number of hours because she and her husband relied on her income to meet financial commitments.

Farm Gate told the authority it had to reduce staffing hours because the business was not as busy as expected, and claimed Ms Hawkins voluntarily resigned. Ms Edmond said she consulted Ms Hawkins over the reduction in her minimum hours of work.

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On February 11, 2014 she emailed all staff about the changes to the business operating hours and changes to staffing hours, and the new proposed rosters.

Ms Edmond invited staff to comment on the rosters by February 16, the day the changes came into effect but Ms Hawkins stated she was effectively deprived of an opportunity to discuss the proposed changes as she was away on holiday.

On February 19 she emailed Ms Edmond and Joanne Curd, a second director and shareholder, objecting to the lack of adequate consultation over the roster changes.

She expressed concern her hours were reduced by almost half while the other two employees retained their minimum contracted hours, and a temporary reliever was given more hours. Ms Hawkins resigned without notice on April 24 last year after an altercation at work with Ms Edmond.

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The Authority ruled Farm Gate fundamentally breached Ms Hawkins' employment agreement by varying her minimum hours per week without "meaningful consultation", and awarded her $3500.

It declined her claim for future lost remuneration as she had obtained another job in mid-September.

Ms Edmond yesterday told the Bay of Plenty Times she did not think it was appropriate to comment. "We will live by the decision whether we agree with it or not," she said.

Ms Hawkins could not be contacted for comment.

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