| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 9/05 |
| Hearing date | 7 Dec 2004 |
| Determination date | 18 January 2005 |
| Member | J Scott |
| Representation | S Cuddon ; N Fong |
| Location | Auckland |
| Parties | Coombes v Soung Yueen Supermarkets |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No written employment agreement - Respondent frequently raised concerns with applicant that performance not meeting expectations - Applicant told respondent he just about chucked the job last week" - Subsequently saw respondent had placed newspaper advertisement for his position - Resigned - Alleged resignation induced by advertisement, alleged verbal abuse and alleged instructions to put banned preservatives in meat for sale - Applicant did not meet respondent's expectations - Allegations of verbal abuse and unlawful instructions not made out - Advertisement placed because of respondent's fear applicant would make good his threat and leave at short notice - No intention to dismiss - No personal grievance - Need for focused and consistent approach to managing applicant when performance standards not met - Butcher Manager" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s65 |
| 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 | 7 |
| PDF File Link: | aa 9_05.pdf [pdf 44 KB] |