| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 456/05 |
| Hearing date | 4 Aug 2005 - 31 Aug 2005 (2 days) |
| Determination date | 30 November 2005 |
| Member | K J Anderson |
| Representation | S Hood ; G Steele |
| Location | Auckland |
| Parties | Wright v Domaine Restaurant |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant's close friend died soon after she began work for respondent - Applicant requested time off to attend funeral - Conflict over what happened next - Authority accepted respondent's version - Respondent declined to allow time off and informed applicant she was only allowed three days' bereavement leave in event of death of relative - Applicant then told respondent close friend was also family member and respondent allowed her to take time off - Respondent learned close friend was not a relative and arranged meeting with applicant - Applicant wrongly perceived that respondent did not believe she had been at a funeral - Respondent told applicant that in future taking time off without entitlement was not acceptable - Applicant subsequently called respondent to sort out roster and alleged she believed she was dismissed - Respondent alleged that he confirmed when she was next on roster - Onus on applicant to show dismissal did occur given she claimed it was constructive - Applicant did not resign but alleged she was informed there was no work available - However duty roster was evidence that work was available for applicant - All that remained was for applicant to contact restaurant and confirm starting time - No dismissal - Not reasonable in circumstances for respondent to make contact with applicant as to her intentions - No personal grievance - Chef |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Limited [1991] 2 ERNZ 267 |
| Number of Pages | 6 |
| PDF File Link: | aa 456_05.pdf [pdf 34 KB] |