| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 15/09 |
| Hearing date | 15 Dec 2008 |
| Determination date | 20 January 2009 |
| Member | D King |
| Representation | R Jones (Applicant in person) ; P Hemi |
| Location | Auckland |
| Parties | Jones v Hemi Holdings Ltd t/a Caltex Waiku |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following altercation with respondent – Applicant called meeting with respondent to discuss discrepancies in till balance – Applicant claimed accused by respondent and intimated into resigning – Respondent claimed applicant lost cool and walked out – Applicant wrote resignation and handed it to respondent – Respondent warned applicant needed to give notice and raised further performance concerns - Applicant later called respondent to resign giving no notice – Authority found no constructive dismissal – Respondent’s evidence of meeting preferred – Found no intimidation – No dismissal - ARREARS OF WAGES – Respondent deducted one week pay for no notice – Employment agreement provided for deduction of final wages if notice of resignation not given - Applicant claimed respondent waived notice period therefore entitled to payment for notice period – Respondent claimed no waiver given, only acknowledgment of applicant’s intention to resign – Authority found no waiver given and deduction lawful – Supervisor |
| Result | Applications dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 15_09.pdf [pdf 17 KB] |