| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 114/02 |
| Hearing date | 8 Aug 2002 - 9 Aug 2002 (2 days) |
| Determination date | 18 November 2002 |
| Member | P R Stapp |
| Representation | K McClure ; P Bremer |
| Location | Masterton |
| Parties | Pearson v The Pharazyn Charitable Trust |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged insulting comments made about applicant's wife - Alleged searched applicant's premises without permission - Applicant undertook period of sick leave - During period respondent entered applicant's premises situated on respondent's farm - Removed various accounts and financial information - Alleged told wife not welcome on farm - Credibility - Respondent's evidence preferred - Abuse not established - Entitled to remove records in order to maintain operation of farm during applicant's absence - No breach of duty - No constructive dismissal - BREACH OF CONTRACT - Counter-claim - Alleged failure to return items belonging to respondent - Alleged failure to work notice period - Settled during investigation meeting - COSTS - Parties should have resolved matters at mediation - Costs to lie where they fall - Farm manager |
| Result | Application dismissed ; Costs to lie where they fall |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |