| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 76 |
| Hearing date | 3 Mar 2014 |
| Determination date | 03 March 2014 |
| Member | T G Tetitaha |
| Representation | No appearance ; I M Davidson |
| Location | Auckland |
| Parties | Tamaleaoa v A1 Onehunga Towing Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Resignation following disciplinary procedure – Damage to vehicles being manoeuvred onto applicant’s truck – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages for cost of repair to vehicles and fence – No appearance for applicant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent’s evidence applicant chose to resign rather than be dismissed after disciplinary meetings where applicant had legal representation. No constructive dismissal.;COUNTERCLAIM – BREACH OF CONTRACT: Respondent did not articulate adequately what term of employment agreement applicant alleged to have breached. No breach of contract. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_76.pdf [pdf 149 KB] |