Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 285/04
Hearing date 17 Aug 2004
Determination date 08 September 2004
Member L Robinson
Representation L Boag ; G Anson
Location Auckland
Parties Russell v Keri Keri Golf Club Inc
Summary UNJUSTIFIED DISADVANTAGE - Written warning - Applicant entered into employment agreement with apprentice J" - Applicant used swear word while reprimanding J - J verbally abused applicant - Applicant told Greens Committee Chairman "D" he wished to dismiss J for insubordination - D told applicant he did not have authority to dismiss J - Club president issued written warning against applicant for entering into employment agreement with J without authority and for conduct in relation to disciplining J - Written warning subsequently withdrawn - Respondent entitled to discipline J as it saw fit - Respondent did not undermine applicant - No unjustifiable action - UNJUSTIFIED DISMISSAL - Alleged constructive dismissal - Applicant's continued employment inconsistent with allegation of constructive dismissal - No dismissal - Golf course superintendent"
Result Application dismissed ; Costs reserved
Cases Cited Alliance Freezing Co (Southland) Ltd v New Zealand Amalgamated Engineering etc IUOW [1990] 1 NZILR 533
Number of Pages 7
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