Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 6/02
Determination date 17 January 2002
Member P R Stapp
Representation C McLorinan ; I Matheson
Location Wellington
Parties Mattson v Cooper & Aylett t/a Rodney Wayne Hairdressing
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged failure to sign employment contract, lack of training and breaches of health and safety caused resignation - Duties altered following change in management - Relationship deteriorated with manager - Questioned about lack of respect - Series of meetings to discuss contract - Adverse report from tutor about behaviour in class - Alleged forced to work when medically unfit - Subsequently tendered resignation - No reasons given for resignation - Failed to inform franchise manager of any problems - Did not raise training problems with Hairdressing Industry Organisation - Credibility - Respondent's evidence preferred - Constructive dismissal claim not made out - Apprentice hairdresser
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;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963
Number of Pages 7
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