| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 339/04 |
| Hearing date | 30 Aug 2004 - 31 Aug 2004 (2 days) |
| Determination date | 19 October 2004 |
| Member | J Scott |
| Representation | TW Kwon ; K Burson |
| Location | Auckland |
| Parties | Nagai v Carlton Hotel (Auckland) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant had work permit - Alleged work conditions unbearable due to head chef - Applicant had not been paid double time for sixth working day - Matter immediately rectified - Other issues involved rostering and notification of rostering - Also alleged head chef threatened to withhold support for work permits - Alleged bullied and humiliated by head chef - Applicant not credible witness - Anonymous letters written about head chef - Management took letters and allegations seriously - No evidence to prove head chef changed roster haphazardly - Collective agreement required rosters to be posted one week in advance - Had been practice to hold off posting rosters - Problem corrected when raised - No evidence that were threats by head chef - Only reason applicant did not obtain necessary documentation to support extension of work permit was that he did not ask for it - No evidence to show head chef's conduct crossed boundary between conduct which caused unhappiness and resentment and type of behaviour that was oppressive or repudiatory - Timeframe adopted by applicant in relation to his departure did not support constructive dismissal claim - No unjustified dismissal - Teppan chef |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 9 |
| PDF File Link: | aa 339_04.pdf [pdf 46 KB] |