| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 49/01 |
| Hearing date | 14 May 2001 |
| Determination date | 16 May 2001 |
| Member | WRC Gardiner |
| Representation | G Lewis ; J Cain |
| Location | Auckland |
| Parties | Gounder v Healtheries of New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment - Failed to return from trip to Australia on time - No consent sought for absence - Notification would prevent abandonment clause from operating - Employer not bound to accept absence - No dismissal if provisions in abandonment clause met - Alleged inability to access telephone - No good cause for absence or for failure to notify employer - Whether expired contract or new agreement applied to termination in interim - New agreement incapable of retrospective effect - Expired contract continued to apply - Procedure in abandonment situation considered - No dismissal |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | May v Ginger Molloy Motorcycles Ltd unreported, Goddard CJ, 9 February 2001, AC 3/01;Northern Hotel etc IUOW v Little Ponsonby Tavern Ltd [1990] 2 NZILR 113;NZ etc Woollen Mills etc IUOW v Feltex Yarns Ltd [1985] ACJ 232 |
| Number of Pages | 13 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |