| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 120/04 |
| Hearing date | 10 Mar 2004 |
| Determination date | 13 April 2004 |
| Member | V Campbell |
| Representation | C Bennett ; M Ryan |
| Location | Auckland |
| Parties | Hwang v Boyne Compnay Ltd t/a Goodday Newspaper |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal - No written employment agreement - Asked for salary increase - Saw fax from President in Korea which stated that respondent unable to give pay rise and anyone who persisted after discussion would have to be dismissed - Cleared desk that day - Credibility finding in respondent's favour due to discrepancies in applicant's evidence - Not open for applicant to have decided was dismissed on basis of seeing fax - No clear sending away amounting unequivocally to dismissal - Information provided when pay rise requested honest and did not disadvantage applicant in employment to give rise to constructive dismissal - No personal grievance - Unacceptable not to have written employment agreement - Costs reserved - Graphic designer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Wellington Drivers' Union v Fletcher Construction Co Ltd [1983] ACJ 663 |
| Number of Pages | 6 |
| PDF File Link: | aa 120_04.pdf [pdf 38 KB] |