| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 213/10 |
| Hearing date | 4 Nov 2010 |
| Determination date | 06 May 2010 |
| Member | K J Anderson |
| Representation | J Parlane ; E Tait |
| Location | Hamilton |
| Parties | Rawiri v Otorotanga Service and Citizens Club Inc. |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Constructive dismissal - Applicant claimed respondent breached good faith obligations making resignation reasonably foreseeable – Respondent argued applicant abandoned employment – Altercations occurred between applicant and customer (“G”) regarding G’s behaviour at respondent’s bar – G’s mother (“C”) subsequently became applicant’s manager – Applicant claimed C wanted to get rid of applicant – Applicant received written warning regarding failure to follow proper procedures – Final written warning issued for poor performance and off duty behaviour bringing respondent into disrepute - Performance monitoring plan implemented after disciplinary meeting – Respondent requested applicant to attend “investigative meeting” held to discuss applicant’s continued poor performance – Applicant failed to attend meeting advising would provide medical certificate – Meeting held – Respondent concluded applicant would not accept performance concerns and further meeting needed – Applicant failed to attend work however attended work at secondary employment – Evidence unclear whether applicant provided respondent with medical certificates – Respondent made contact with applicant – Conflict of evidence whether applicant advised wanted to resign – Respondent received phone call from applicant’s sister advising applicant not returning – Applicant made no further contact with respondent – Applicant dismissed for abandonment – Authority found applicant not constructively dismissed – Found while applicant under some stress at workplace, no evidence had no option but to resign – Found probable applicant concluded due to performance issues would be dismissed – Found applicant intended to resign and conveyed intention to respondent – Found however, applicant failed to make clear whether would return to work before formal resignation – Found applicant failed to provide medical certificates explaining absences – Found respondent reasonably concluded applicant abandoned employment – Dismissal justified – Abandonment - ARREARS OF WAGES – Authority found no evidence to support applicant’s claim being underpaid – Found applicant entitled to $1,546 arrears of wages – COSTS – Costs to lie where they fall – Bar person/Bar manager |
| Result | Application granted (Arrears of wages) ; Application dismissed (Unjustified dismissal) ; Arrears of wages ($1,546.55) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s4;Harassment Act 1997;Trespass Act 1980 |
| Number of Pages | 8 |
| PDF File Link: | aa 213_10.pdf [pdf 34 KB] |