| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 207 |
| Hearing date | 8 Apr 2014 |
| Determination date | 28 May 2014 |
| Member | K J Anderson |
| Representation | A Jefferies ; R Gerritsen |
| Location | Hamilton |
| Parties | Lye v Effluent Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dismissed during telephone conversation regarding applicant's absence from work - Swearing - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - RECOVERY OF MONIES - Applicant sought recovery of laboratory fee - Truck driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant ended telephone conversation. Respondent expressed valid concerns about applicant during telephone conversation but applicant's reaction inexplicable and unacceptable. Nothing in respondent's language during telephone conversation that applicant could reasonably interpret as dismissal. Not appropriate to place weight on WINZ file note to effect respondent stated applicant dismissed. Both parties failed to be responsive and communicative following telephone conversation but content of applicant's subsequent grievance letter removed any doubt as to applicant's intentions. Applicant made up mind was not going to return to employment. No dismissal.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent to pay applicant $270 arrears of wages and holiday pay.;RECOVERY OF MONIES: Respondent to pay applicant $15 recovery of monies. |
| Result | Applications granted (arrears of wages and holiday pay)(recovery of monies) ; Arrears of wages and holiday pay ($270) ; Recovery of monies ($15) ; Application dismissed (unjustified dismissal) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s124 |
| Cases Cited | E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_207.pdf [pdf 180 KB] |