Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 150/10
Hearing date 8 Feb 2010
Determination date 30 March 2010
Member K J Anderson
Representation B Nabney ; A Brennan
Location Tauranga
Parties Tautari v Badgers Run Ltd
Summary UNJUSTIFIED DISMISSAL - No appearance by applicant - Applicant’s counsel appeared for applicant - Credibility finding in favour of respondent - Respondent’s evidence preferred where supported by material evidence - Applicant became dissatisfied with pay rate - Without permission or authority applicant opened another employee’s payslip to compare pay rates - Applicant showed payslip to another employee - When respondent’s acting manager (“M”) questioned applicant about actions applicant had tantrum in view of patrons and removed bar certificate from wall - Applicant acknowledged opened pay slip - M informed applicant was breach of confidentiality - Respondent’s manager (“B”) called applicant to meeting - Applicant asked to give her version of events - B claimed applicant indicated would leave - B asked about notice and applicant said would work out notice period - B claimed at end of meeting was understood applicant resigning and would work out notice period - Applicant subsequently informed B would not be working out notice period - Found more probable than not applicant decided to resign - Found applicant initially agreed to work out two weeks’ notice and then changed mind and informed B would not be working out notice - Found applicant voluntarily terminated employment - Found applicant not dismissed, summarily, on notice or constructively - No personal grievance - Bar person
Result Application dismissed ; No order for costs
Main Category Personal Grievance
Number of Pages 4
PDF File Link: aa 150_10.pdf [pdf 16 KB]