| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 238/03 |
| Hearing date | 4 Jun 2003 |
| Determination date | 07 August 2003 |
| Member | K J Anderson |
| Representation | A Wakid (In person) ; R McDonald |
| Location | Auckland |
| Parties | Wakid v Kebab New Lynn Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Numerous written warnings about performance - Applicant handed in resignation after being on sick leave - Franchise holder of respondent had forceful personality in way he responded to circumstances involving applicant - Applicant frustrated by what he perceived to be unwarranted criticism of performance - Unable to satisfy onus to show constructive dismissal - Although time at respondent store not particularly pleasant not breach to amount to constructive dismissal - Applicant resigned - ARREARS OF WAGES AND OTHER MONIES - No evidence supporting claim for payment for excess hours - No evidence of unpaid monies due - Manager |
| Result | Application dismissed ; Costs to lie where they fall |
| Cases Cited | Dawson v Aqua Electrical Limited unreported, WRC Gardiner, 10 July 2002, AA 202/02 |
| Number of Pages | 4 |
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