| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 415 |
| Hearing date | 29 Jul 2013 |
| Determination date | 13 September 2013 |
| Member | R A Monaghan |
| Representation | S Lee ; K Casey |
| Location | Gisborne |
| Parties | Dillon v Star Trans Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Applicant angry and abusive during discussion with manager about servicing of truck - Respondent claimed concerned by applicant’s behaviour therefore told applicant to leave – Applicant claimed said “I quit” and left premises - Applicant denied receiving letter from respondent requesting meeting to discuss applicant’s return to work - Respondent emailed applicant stating applicant not dismissed - Applicant claimed manner of dismissal reliant on applicant’s status of casual employee – Driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Unlikely respondent told applicant that applicant casual employee and matter of employment agreement not raised. Respondent’s words following argument not words of dismissal. Likely respondent delivered letter to applicant and letter supports respondent’s position not seeking to dismiss applicant. Applicant attempted to maintain notion was dismissed. Respondent conveyed directly to applicant that not dismissed. Applicant should have seen respondent’s communications as attempt to repair and resume employment relationship and acted on attempt. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_415.pdf [pdf 150 KB] |