| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 34 |
| Hearing date | 25 Mar 2014 |
| Determination date | 15 April 2014 |
| Member | P R Stapp |
| Representation | C Moses ; A Knowsley |
| Location | Wellington |
| Parties | Ngawharau v The Porirua Whanau Centre Trust |
| Summary | UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiably dismissed by respondent - Secondment - Whether applicant dismissed - Whether applicant re-instated and coerced to resign - Support social worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant entered into arrangement for secondment and was not unhappy about secondment. Applicant not dismissed at meeting. Even if respondent's operations manager referred to applicant as liability", operations manager not complicit in wanting to remove applicant from respondent. Respondent genuinely believed applicant made decision to resign and advice to applicant to get representation not consistent with respondent coercing applicant to resign. Respondent attempted to organise meetings and entitled to rely on information that applicant not returning. Applicant did not confirm resignation or report to work for three weeks. Reasonable for respondent to conclude applicant abandoned employment. No dismissal." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Wellington_34.pdf [pdf 152 KB] |