| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 169/07 |
| Hearing date | 7 Mar 2007 |
| Determination date | 08 June 2007 |
| Member | D King |
| Representation | C Bennett ; P Akbar |
| Location | Auckland |
| Parties | Flynn v The Bacon Barn Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Dispute over whether offer to sell share of business - Authority accepted applicant believed had been offer to sell, but evidence did not support that perception - Respondent made number of requests for recipes applicant had created for job - At meeting applicant refused to disclose recipes until agreed to sell share in business - Applicant then gave letter of resignation, giving week's notice - Had meeting to discuss it - Respondent wanted to adjourn to enable applicant to seek representation but applicant refused - Respondent adjourned meeting anyway - Applicant believed had been dismissed - Respondents did not hear from applicant until raised personal grievance, despite attempts at contact - Not constructively dismissed - Tendered resignation - No breach by respondent to entitle applicant to think employment at end - Refusal to hand over recipes breach of lawful and reasonable instruction - Would have entitled respondent to dismiss him - No actual dismissal during notice period - COUNTERCLAIM - BREACH OF CONTRACT - Respondent claimed damages for removal and use of intellectual property, and damage to equipment - Insufficient evidence regarding damage caused by removal of recipes - Insufficient evidence applicant caused equipment damage - Small goods manufacturer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | aa 169_07.pdf [pdf 19 KB] |