| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 188/09 |
| Hearing date | 25 May 2009 |
| Determination date | 16 November 2009 |
| Member | P Montgomery |
| Representation | J Guthrie ; C Eggleston |
| Location | Dunedin |
| Parties | Bates v Aden Electrical Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Respondent argued applicant resigned by email – Applicant failed to withdraw resignation or indicate belief respondent responsible for resignation – Following resignation applicant incorporated company – Respondent claimed dysfunctional operation of office and discovered indications applicant hosted another company’s email and internet accounts without authority – Applicant claimed dismissed following discovery and was willing to sort office out during notice period – Respondent informed applicant not required to work out notice – Authority found applicant unequivocally resigned – Found no effort made to retract resignation – Found no breach of good faith obligations by respondent – BREACH OF CONTRACT – Counterclaim – Respondent argued applicant breached employment agreement by soliciting clients and soliciting employees to join newly established venture – Respondent alleged negligence by applicant in error in contract – Found evidence in respect of counterclaims insufficiently precise and detailed to support inquiry sought by respondent – Respondent did not pursue claims against two other former employees who joined applicant – Respondent’s customers who went to applicant’s new company only used respondent’s company because of association with applicant – Counterclaims directed to mediation – Branch manager |
| Result | Application dismissed ; Counterclaim dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | ca 188_09.pdf [pdf 34 KB] |