Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 139/02
Hearing date 3 May 2002
Determination date 24 May 2002
Member T Woods
Representation A Hope ; P Haynes
Location Auckland
Parties Price v A & P Haynes Ltd
Summary UNJUSTIFIED DISADVANTAGE - Alleged abuse - Oral contract - Alleged pressured to sign contract that controlled rights outside workplace - Restriction to seek prior permission for private work outside workplace - Respondent strict - Forewarned of respondent's high standard requirements - Clause in contract for private work not unreasonable - Disadvantage claim not established - UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged forced to resign over contract dispute - Alleged threatened with dismissal unless signed contract - Respondent claimed applicant had gained employment elsewhere - Behavioural problems by applicant - Decision to resign voluntary - No breach of duty - Constructive dismissal not established
Result Application dismissed ; Costs in favour of respondent ($500)
Number of Pages 7
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