| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 31 |
| Hearing date | 18 Sep 2013 |
| Determination date | 30 January 2014 |
| Member | K J Anderson |
| Representation | C Mateer ; J Riddle |
| Location | Auckland |
| Parties | Green v Phil Anderson Carriers 1986 Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Failure to return to work after period of annual leave – Whether applicant instructed colleague (“D”) not to give respondent applicant’s personal telephone number – Whether applicant dismissed when asked to return company mobile phone and fuel card – Applicant found alternative employment – PENALTY – Applicant sought penalty for respondent’s failure to provide written employment agreement – ARREARS OF WAGES – Applicant sought arrears of wages – Driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant inconsistent about when alleged dismissal occurred. Applicant’s evidence inconsistent and at times simply lacked credibility. Respondent made reasonable attempts via D to contact applicant. Applicant abandoned employment. No dismissal.;PENALTY: Respondent’s failure to provide written employment agreement remiss rather than deliberate or wilful. No penalty.;ARREARS OF WAGES: Applicant’s evidence not sufficient to establish any entitlement due to applicant. No arrears of wages. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s65 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_31.pdf [pdf 156 KB] |