| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 340/07 |
| Hearing date | 18 Sep 2007 |
| Determination date | 30 October 2007 |
| Member | J Scott |
| Representation | K Single ; D Small |
| Location | Tauranga |
| Parties | Francis v Avalon Businesses Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Whether dismissed or abandoned employment - Significant dispute of facts – Applicant alleged employed only as manager – Authority found applicant intended to deceive it when denied working as masseuse – Credibility finding in favour of respondent – Applicant initially worked as masseuse and paid in cash – Later she convinced respondent to hire her as manager to raise takings and shift business focus to prostitution – Earnings did not increase and parties agreed applicant would work part time for lower salary – When respondent later made contact to discuss very low takings, applicant became aggressive and threatened respondent – Following day applicant, other employees, and clients did not show up – Probable applicant removed contact details and texted employees and clients that business closed – No arrears owing – Applicant abandoned employment and took steps to destroy business - No dismissal – Madame |
| Result | Application dismissed ; Costs in favour of respondent ($1,500) ; Disbursements ($582) |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | aa 340_07.pdf [pdf 46 KB] |