| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 241/04 |
| Hearing date | 17 Mar 2004 - 28 May 2004 (2 days) |
| Determination date | 28 July 2004 |
| Member | K Raureti |
| Representation | K Rowell, M Ryan ; J Down, C Bennett |
| Location | Auckland |
| Parties | Raymond v Designlink Ltd t/a Rodney Wayne Hairdressing Whangaparaoa |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Applicant asked to attend meeting - Dispute over some aspects of meeting - Dispute over whether discussed possible exit package - Alleged performance issues - After meeting uplifted personal effects and left - Evidence of applicant preferred - Respondent's director's words, actions, behaviours and conduct at meeting were repudiatory conduct serious enough to amount to constructive dismissal - Unjustified dismissal - Applicant also sought damages for breach of employment agreement and for breach of good faith - No evidence of damage that had not already been compensated for under s123 Employment Relations Act 2000 - File amended to correctly record respondent - Salon manager |
| Result | Application granted ; Reimbursement of lost wages ($12,000)(4 months) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Wellington Clerical Workers' Union v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |