Question
Since Margaret's departure, Debbie has been required to do more work than usual. Her individual employment agreement explicitly gave her guaranteed hours of work of
Since Margaret's departure, Debbie has been required to do more work than usual. Her individual employment agreement explicitly gave her guaranteed hours of work of 35 hours per week and required her to work overtime which was incorporated into her wage rate. However, because N&O no longer employed Margaret, Debbie was required to do some of Margaret's work as well as her own, which led to her doing 70-hour weeks. She raised this issue of being overworked with Noah, whose reply is that N&O is working on getting a locum. Debbie continues to work 70-hour weeks.
However, this week when Debbie wanted to go to her friend's rugby game, Noah told her that she was required to work because there was no one else available to do the work. On 22nd June 2020, she told Noah that she "couldn't take it anymore" and that "she was leaving". Noah said that if she was not committed to her role, she might as well leave now.
On 15th November, N&O received a letter from Matthew, who is an employment lawyer in Auckland, which raised the following:
A personal grievance by Debbie for constructive dismissal for excessive workload
N&O comes to you
N&O wants to know whether the personal grievance raised would be successful, and they ask what further information you require.
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