| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 114/02 |
| Determination date | 22 April 2002 |
| Member | R A Monaghan |
| Representation | R Robins ; C Kimpton |
| Location | Auckland |
| Parties | Allsebrook v Franchise Association Of New Zealand Inc |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged unilateral variation of agreement caused resignation - Respondent board concerned with membership numbers - Complaints received about applicant's manner - Committee appointed to ratify applicant's decisions on certain projects - Appointment made in applicants' absence - Complained about unilateral reduction in responsibility - Demanded removal of committee - Alleged not promptly informed of seriousness of complaints - Duties altered but not loss of control - Could not refuse management decision to improve dire situation - Applicant rejected serious allegations without explanation - Resignation voluntary - ARREARS OF WAGES - Alleged non-payment of bonus - Argued had fraudulently changed figures to deny bonus - Uncertainty regarding figures - Parties requested to resolve matter amongst themselves - Counterclaim - Alleged breach of contract - Resigned without working notice period - Parties to resolve matter - Leave reserved to reapply if matters unresolved - Chief executive officer |
| Result | Application dismissed (Unjustified dismissal) ; Orders accordingly ; Costs reserved |
| Number of Pages | 9 |
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