| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 367 |
| Hearing date | 9-Nov-16 |
| Determination date | 10 November 2016 |
| Member | R Larmer |
| Representation | AG Moshin (in person) ; no appearance |
| Location | Auckland |
| Parties | Moshin v Pharmact Retail Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Return from parental leave – No appearance for respondent - Pharmacist |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Lack of clarity about whether agreement reached for applicant’s position to be held open outside date specified in parental leave form. Applicant failed to notify respondent whether or not applicant intended to return to work, and did not actually return to work. Applicant did not have good cause not to return to work. Parties did not make other agreement about applicant’s return to work. Applicant’s employment ended by operation of s 46 Parental Leave and Employment Protection Act 1987. No dismissal. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | Parental Leave and Employment Protection Act 1987 s31(2) ; Parental Leave and Employment Protection Act 1987 s39 ; Parental Leave and Employment Protection Act 1987 s46 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_367.pdf [pdf 103 KB] |