| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 342 |
| Hearing date | 6 Aug 2014 |
| Determination date | 20 August 2014 |
| Member | E Robinson |
| Representation | R Morgan ; B Frowein |
| Location | Auckland |
| Parties | Deibert v Wurth (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Incapacity - Applicant claimed unjustifiably dismissed by respondent - Failure to follow process for notifying absences - Warnings - Absenteeism - Injury - Surgery - Abandonment - Sales representative |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant had history of absenteeism commencing less than three months into employment. Applicant failed to notify absences on three separate occasions. Applicant clearly advised of respondent's expectations as regards absenteeism. Applicant failed to be co-operative after supplying information relating to applicant's fitness to return to work. Applicant failed to attend meetings, did not schedule medical appointment until day before return to work and did not inform respondent would not be attending work until five minutes before expected start time. Applicant did not attend work following doctor's appointment and conveyed to respondent by attitude and attire that had no intention of resuming work with respondent. Applicant failed to act in good faith. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s103A;ERA s103A(3) |
| Cases Cited | Canterbury Clerical Workers Industrial Union of Workers v Andrews and Beaven Ltd [1983] ACJ 875;Hoskin v Coastal Fish Supplies Ltd [1985] ACJ 124 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Auckland_342.pdf [pdf 213 KB] |