| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 31/02 |
| Determination date | 19 February 2002 |
| Member | P R Stapp |
| Representation | M Dew ; N Evans |
| Location | Auckland |
| Parties | Just v Not Just Kitchens (2000) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Applicant sold business to respondent's representative - Sale and purchase agreement provided for salary and bonus - Separate employment agreement - Disagreement over payment for overtime - Discussions about selling business back to applicant - Argument after offer of sale withdrawn - Credibility - Respondent's evidence preferred - Applicant had made earlier threats to leave - No dismissal - No serious breach of duty or deliberate course of conduct forced applicant to resign - No constructive dismissal - ARREARS OF WAGES - Alleged bonus due and owing - Quarterly bonus part of sale and purchase agreement - No jurisdiction - Another bonus agreed to conditionally - No agreement on distribution of payment - Agreement not in writing - No contractual entitlement to bonus - Sales and design manager |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
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