| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 184/01 |
| Determination date | 12 November 2001 |
| Member | Y S Oldfield |
| Representation | MJ Sharp ; C Horsley |
| Location | Auckland |
| Parties | Tauranga YMCA Education & Training Trust v Rangihuna |
| Summary | BREACH OF CONTRACT - Whether abandonment of employment or resignation -Respondent handed in notice of resignation - Discussion led manager to believe resignation withdrawn although respondent did not actually say so - Respondent left work after notice expired - Did not abandon employment - Whether breached implied duty of fidelity - Applicant in competition with other course providers for funding from WINZ - Respondent expressed criticism about applicant to representative of another organisation - Criticism damaging to applicant's reputation - Wilful breach of duty of fidelity - General query to WINZ before employment ended regarding setting up own course - Query too general to constitute breach of duty - Entitled to explore future employment options - Discussion between respondent and other organisation regarding support for alternative course provider held after employment ended - Entitled to speak with other employers before expiry of notice about potential job opportunities - Not entitled to bonus as did not complete one year of employment - PENALTY - Penalties designed to punish - Applicant only partially successful - Both incurred substantial level of costs - No further punishment necessary - Course tutor |
| Result | Application granted in part ; Costs reserved |
| Number of Pages | 9 |
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