| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 199/01 |
| Hearing date | 17 Oct 2001 |
| Determination date | 27 November 2001 |
| Member | Y S Oldfield |
| Representation | V Codd ; S Hachache |
| Location | Auckland |
| Parties | Ryu v The Grand (New Zealand) Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Whether demoted to assistant manager - English second language - Another employee hired at same time to assist in manager's role - Both employees paid same hourly rate - Original understanding that applicant would work for three months then pursue other career options - Applicant went on holiday - Internet banking access number changed while she was away - Respondent requested that manager's duties be reorganised to ensure smooth transition when applicant left - Other employee informed applicant that she was to sign all cheques from then on - Applicant tape recorded her telephone conversations with respondent and bank - No breach of contract by respondent - Access number changed for good reasons - Comments made by third party not a breach of contract by respondent - No demotion - PENALTY - Counterclaim for penalties for breach of applicant's duties - Breached duty by approaching bank for reasons unconnected with respondent's best interests - Breach not sufficient to warrant penalty - Cafe manager |
| Result | Application dismissed (Unjustified dismissal) ; Appliction dismissed (Penalty) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |