| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 270/10 |
| Hearing date | 25 Feb 2010 |
| Determination date | 09 June 2010 |
| Member | V Campbell |
| Representation | T Kurta ; P McBride |
| Location | Auckland |
| Parties | Dreaver v C.S. Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – ARREARS OF WAGES – One week employment – Applicant claimed dismissed by respondent during notice period after resignation – Applicant telephoned respondent and stated lacked passion for products was selling and wanted to resign – Respondent reminded applicant of obligation to provide notice under employment agreement – Respondent offered applicant to either work out notice period or pay $2,500 for breach of notice requirement – Applicant told respondent would work out notice period – Two days after applicant reported to work, respondent told applicant was asked to come back as example to others – Respondent told applicant could leave without working out notice period – Applicant told respondent willing to work out notice period in good faith – Applicant claimed respondent told applicant to “F*** off” amounting to dismissal – Authority rejected applicant’s arrears of wages claim – Found no dispute applicant resigned – Found on balance of probabilities likely parties reached agreement applicant would leave position without requirement to work out notice period – Found no dismissal – Found no obligation on respondent to pay applicant for remainder of notice period – PENALTY – Authority rejected applicant’s claims for penalties for breaches of good faith – Found applicant attempted to leave employment surreptitiously instead of being open and honest about issues with job – Key Account Manager |
| Abstract | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Balfour v The Chief Executive, Department of Corrections [2007] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | aa 270_10.pdf [pdf 31 KB] |