| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 81/03 |
| Hearing date | 5 Feb 2003 |
| Determination date | 25 March 2003 |
| Member | R A Monaghan |
| Representation | I Hard ; D Organ |
| Location | Auckland |
| Parties | O'Neill v Sales Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Changed from contractor agreement to employment relationship - No jurisdiction to determine claim for damages relating to contractor agreement - Meeting organised to discuss two potential disciplinary matters - Applicant absented herself from work on sick leave and did not return - Confirmation of leave had comment final pay" written on it - Comment was reminder for payclerk to query whether applicant returning to work - Applicant took comment to mean she had been dismissed without querying it - Comment not unequivocal indication of dismissal - Should have given respondent opportunity to explain - No dismissal" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |