Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 35/02
Hearing date 23 Apr 2002
Determination date 07 May 2002
Member P R Stapp
Representation J Munro ; S Herd
Location Wellington
Parties McCormick v A & S Herd t/a Knight Business Furniture
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Walked out after argument with respondents' son - Accused by son of drawing obscenity on photo of young girl - Reasonable to expect applicant to raise problem with respondents before leaving - Credibility - Evidence of respondents preferred - No constructive dismissal - COSTS - Respondents represented themselves after obtaining legal advice - Legal advice totalled $1,664 - Applicant legally aided - Contribution to legal aid was $50 - Bound to award $50 contribution to costs - Would have awarded $510 in event of no legal aid
Result Application dismissed ; Costs in favour of respondents ($50)
Number of Pages 8
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