| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 49 |
| Hearing date | 7 Mar 2012 |
| Determination date | 23 March 2012 |
| Member | M B Loftus |
| Representation | D Jackson ; T Tweed |
| Location | Oamaru |
| Parties | Callender v Transport (Waimate) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed signed employment agreement (“EA”) but forgot to return to respondent and respondent never asked for EA back – Respondent claimed concerned about applicant’s performance – Respondent operations manager claimed applicant reluctant to accept were issues with performance and attendance record – Applicant claimed performance concerns only minor and all absences explained – Applicant claimed told by doctor to take day off work and applicant’s wife (“J”) took respondent medical certificate – Applicant claimed respondent director (“S”) swore at J, banged on counter and told J applicant needed to be “sorted out” – S claimed told J respondent disappointed with applicant’s performance as hoped J would influence applicant’s behaviour – S denied threatened J but accepted J upset – Applicant did not mention incident when returned to work – Applicant claimed told to report to S’s office two days later - Respondent claimed applicant only told to return to depot due to weather and requested applicant speak to S after applicant returned – Applicant claimed S requested EA and told S would return EA after S apologised to J – Applicant claimed S refused to apologise and told applicant to get off respondent’s property – S claimed applicant yelled abuse when S told applicant must produce signed EA within two weeks and left office – Applicant failed to return to work next day – Applicant told S would raise personal grievance as believed had been dismissed – Employee (“B”) claimed aware S wanted to speak to applicant about ongoing concerns and in adjacent office when applicant called to S’s office – B claimed heard applicant say was not signing contract but did not hear any mention of dismissal – Authority found on balance of probabilities applicant not dismissed – Found applicant did not abandon employment as required absence of four or more days and respondent aware applicant claimed had been dismissed during that period – Found applicant resigned during heated conversation with S – S claimed attempted to contact applicant’s representative (“X”) to explain applicant had not been dismissed – X did not respond – Found respondent not required to pursue X further – Found applicant resigned – No dismissal - Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 February 1994, WEC 3/94;Kostic v Dodd unreported, Couch J, 11 July 2007, CC 14/07 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Christchurch_49.pdf [pdf 44 KB] |