Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 301/02
Hearing date 23 Sep 2002
Determination date 11 October 2002
Member R A Monaghan
Representation L Minogue ; B Bertling (in person)
Location Auckland
Parties Maxwell v Bertling t/a The Export Meat Warehouse
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Employees requested to clean staff toilets - Applicant refused - Heated argument - Credibility - Respondent's evidence preferred - No opportunity to discuss matter - Applicant stormed out of argument before issue could be resolved - Resigned not dismissed - COSTS - Unsuccessful personal grievance - Applicant legally aided - Respondent entitled to contribution equivalent to applicant's legal aid contribution - Shop assistant
Result Application dismissed ; Costs in favour of respondent ($50)
Statutes Legal Services Act 1991 s86
Number of Pages 3
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