JURY v BUCI LIMITED [2025] NZERA 7

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

This decision deals with employment status, an alleged unjustified disadvantage, and an alleged unjustified dismissal.

In summary, The Authority's investigation [4] An investigation meeting was held on 7 and 8 August 2024. After that, The Authority concluded that it was not made clear at the meeting that the averaging arrangement only applied to front of house staff, not kitchen staff. Later, There was some lack of clarity during the investigation meeting about whether this was a casual or permanent part time agreement, but The Authority concluded it was the latter. The determination records that In an 8 August 2023 letter from Ms Jury's advocate, a personal grievance is raised on her behalf, on the basis that Buci has dismissed her by sending her away. The Authority notes that It became apparent at the investigation meeting that Ms Jury's employment had not been recorded as terminated in the payroll system run through Buci's accountant. Ultimately, The personal grievance letter states that on 3 August Mr Kotevski (quoted wording omitted) the agreement. In the end, Constructive dismissal covers situations where although the employee resigns the impetus for the termination comes from the employer.

Key case markers

• This determination comes from the Auckland registry.
• The parties are JURY (employee) and BUCI LIMITED (employer).
• Hearing date noted: 7 and 8 August 2024 (2 days).
• Authority member: Nicola Craig.

Key events described

• The Authority's investigation [4] An investigation meeting was held on 7 and 8 August 2024.
• The Authority concluded that it was not made clear at the meeting that the averaging arrangement only applied to front of house staff, not kitchen staff.
• There was some lack of clarity during the investigation meeting about whether this was a casual or permanent part time agreement, but The Authority concluded it was the latter.
• In an 8 August 2023 letter from Ms Jury's advocate, a personal grievance is raised on her behalf, on the basis that Buci has dismissed her by sending her away.
• It became apparent at the investigation meeting that Ms Jury's employment had not been recorded as terminated in the payroll system run through Buci's accountant.
• The personal grievance letter states that on 3 August Mr Kotevski (quoted wording omitted) the agreement.
• Constructive dismissal covers situations where although the employee resigns the impetus for the termination comes from the employer.
• Through the letter from her representative, she indicated she would not be returning to work, even if not done in the express form of a resignation.
• Remedies awarded [122] For Ms Jury the following lost wages are sought: (a) $742.00 gross as wages which she should have been paid when disadvantaged during the Kotevskis' absence; and (b) $636.00 gross after her dismissal.
• Lost wages after dismissal [128] The sum of $636.00 gross is sought based on 10 hours a week at $21.20 an hour, for the three weeks.
• As Ms Jury was on $22.70 at the time of her dismissal that rate should be used to assess lost wages post-dismissal.
• Carefully balancing all of the above, The Authority concluded the appropriate amount of compensation is $17,000.

Decision markers

• Carefully balancing all of the above, The Authority concluded the appropriate amount of compensation is $17,000.

Orders and payments mentioned

• Compensation: $17,000
• Holiday pay: $363.20
• Costs: Costs awarded.

Note: figures above are extracted from the orders section (or the final orders wording). Check the PDF for full context and any gross/net directions.

Practical takeaways

• Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
• Trial-period disputes often come down to strict compliance with s 67B and the written agreement.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

Read the full ERA determination (embedded)

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.