| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 69/09 |
| Hearing date | 21 May 2009 |
| Determination date | 27 May 2009 |
| Member | J Crichton |
| Representation | JS Lim ; S Tait |
| Location | Christchurch |
| Parties | Kim v Kenzo Ltd |
| Summary | UNJUSTIFIED DISMISSAL – GOOD FAITH – Constructive dismissal – Applicant claimed unjustifiably dismissed and not treated in good faith by respondent – Authority arranged for interpreter to attend investigation – Parties agreed applicant resigned following argument – Respondent tried to retain applicant’s services by offering time off or lump sum payment – Applicant failed to return to respondent after lawyer urged return to repair relationship – Authority found no dismissal – Found applicant confirmed resignation with respondent – Found respondent’s words did not terminate employment – Authority rejected issue regarding money missing from till – Found no breach of good faith by respondent – Found no unjustified dismissal - ARREARS OF HOLIDAY PAY – Applicant claimed holiday pay owing following unjustified dismissal – Respondent conceded holiday pay owing but argued sum owed in dispute – Parties resolved sum at investigation meeting – COUNTERCLAIM – Found applicant breached employment agreement by sudden departure and failure to provide 4 weeks notice – Found sudden departure cost respondent significant monetary loss and caused great personal distress – Found applicant also breached EA by working for third party during notice period – Applicant ordered to pay respondent $2,264 for unworked notice as contribution to respondent’s losses - Sushi chef |
| Result | Applications dismissed (Dismissal) (Good faith) ; Application granted (Arrears) ; Arrears of holiday pay ($1,373.54) ; Counterclaim granted ; Recovery of monies ($2,264.40) (Notice period) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | ca 69_09.pdf [pdf 27 KB] |