| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 513 |
| Hearing date | 18 Jun 2013 |
| Determination date | 13 November 2013 |
| Member | K J Anderson |
| Representation | S Barter ; B Edwards |
| Location | Auckland |
| Parties | Tristcott v Callplus Services ltd |
| Summary | UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiably dismissed by respondent - Respondent concerned with applicant's performance - Failure to meet targets - Applicant asked by respondent to consider alternative role - Applicant off work due to applicant's partner in hospital - Applicant informed respondent that applicant would not return to work - Applicant later clarified applicant meant would not return to work for rest of week - Limited correspondence from applicant - Further absence - Respondent unable to contact applicant - Illegible medical certificate - Whether applicant absent without notification - Channel manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant failed to return to work when expected but no three consecutive days without notice. Termination in breach of employment agreement. Dismissal unjustified. REMEDIES: 100 per cent contributory conduct. |
| Result | Application granted; Contributory conduct (100%); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 - ERA s4(1A)(b) - ERA s103A(2) - ERA s124 - ERA s128 - ERA s128(3) |
| Number of Pages | 20 |
| PDF File Link: | 2013_NZERA_Auckland_513.pdf [pdf 285 KB] |