Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 48/01
Hearing date 2 Apr 2001 - 26 Apr 2001 (2 days)
Determination date 15 May 2001
Member Y S Oldfield
Representation L Towey (in person) ; P Pryde
Location Auckland
Parties Towey v Footloose Shoes Ltd
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Probationary period as manager - Transferred to new branch and demoted - Poor performance - Inference that move was permanent - Respondent not given chance to clarify - Resignation too hasty - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - No warning that performance unsatisfactory - Rights to procedural fairness not lost while on probationary period - Retail manager
Result Application granted in part ; Compensation for humiliation etc ($1,500) ; Costs to lie where they fall
Number of Pages 5
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