| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 242/03 |
| Hearing date | 26 Jun 2003 - 27 Jun 2003 (2 days) |
| Determination date | 12 August 2003 |
| Member | K Raureti |
| Representation | B Spong ; T Drake |
| Location | Auckland |
| Parties | Mullaney v Silver Oaks Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged worked extremely long hours - Not convinced applicant did work or was required to work hours claimed - No agreement to allow applicant one week off work on full pay - Applicant went on sick leave and never returned to work - Respondent became aware of sexual harassment complaints against applicant - Applicant advised of complaints and requested to attend meetings - Applicant alleged too unwell to attend meetings - No evidence of repudiatory conduct to degree serious enough to amount to constructive dismissal - No unjustified dismissal - BREACH OF CONTRACT - Counterclaim - Whether applicant's resignation in breach of contract and owed one months salary - No evidence provided - Parties should attempt to resolve matters themselves - Leave reserved for submissions to Authority if necessary - Area hotel manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Shop etc Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington etc Clerical Workers' Union v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |