| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 442/05 |
| Hearing date | 2 Aug 2005 - 8 Aug 2005 (2 days) |
| Determination date | 16 November 2005 |
| Member | A Dumbleton |
| Representation | K Nicolson ; P Swarbrick |
| Location | Auckland |
| Parties | Barlow v Harper Photographics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant alleged sworn at and told to get out of here" during altercation with owner of respondent - Respondent alleged applicant resigned and rejected subsequent opportunities to withdraw resignation - Authority unable to accept applicant's account as correct - Did not set out to give false evidence to Authority but prone to over-dramatise events and came to believe she was dismissed - No unjustified dismissal whether actual or constructive - PENALTY - Claim for penalty for failure to provide written employment agreement out of time - Photography assistant" |
| Result | Applications dismissed ; Costs reserved |
| Statutes | ERA s64(2);ERA s135;ERA s135(5) |
| Number of Pages | 6 |
| PDF File Link: | aa 442_05.pdf [pdf 36 KB] |