| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 147/01 |
| Determination date | 03 October 2001 |
| Member | D Asher |
| Representation | M McGhie ; I Farquahar |
| Location | Auckland |
| Parties | Walton v Berkley Enterprises Ltd t/a Ploughman's Restaurant |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Premises left open - Money missing - Theft investigation launched - Police searched applicant's house - Alleged unable to work for respondent after being accused of theft - No objective evidence respondent suspected applicant of theft - Belief based on perception of other people's conduct - Admitted felt paranoid" - No evidence that staff blamed applicant - No breach of duty on balance of probabilities - Kitchen hand/cook" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415 |
| Number of Pages | 9 |
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