| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 189/03 |
| Hearing date | 27 May 2003 |
| Determination date | 20 June 2003 |
| Member | R A Monaghan |
| Representation | G Muller ; C Foote |
| Location | Auckland |
| Parties | Tolliday v Marinescape NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Refusal to obey lawful and reasonable instruction of employer - Respondent's business required employees to travel overseas - Applicant expressed concern about excessive travel - Whether managing director promised to limit overseas travel to 3 or 4 months maximum - No provision for limit on travel in agreement - Applicant refused to go back to overseas location after 3 month period out of New Zealand - Applicant suspended and later dismissed - No deliberate disobedience but a difference of opinion about parties' contractual obligations - No binding agreement to limit overseas travel to 3 or 4 months - Respondent had no alternative but to dismiss applicant - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 |
| Number of Pages | 6 |
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