Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 315/03
Hearing date 14 Oct 2003
Determination date 20 October 2003
Member D King
Representation M O'Brien ; R Hargreaves
Location Auckland
Parties Caldwell-Anderson v Harbour Masters Ltd t/a Harbour Masters Restaurant and Bar
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Meeting to discuss handling of fight outside premises - Meeting resulted in manager disciplining applicant in sudden and abrasive manner - Given ultimatum to resign or accept demotion - Subsequent meeting where manager apologised - Applicant agreed to stay but later resigned - Initial meeting repudiatory conduct - Conduct rectified by apology - No constructive dismissal - Bouncer
Result Application dismissed ; Costs reserved
Cases Cited Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Wilkinson v Recall Total Information Management; a division of Brambles New Zealand Ltd unreported, WRC Gardiner, 27 June 2002, AA 194/02
Number of Pages 3
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