| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 141/03 |
| Hearing date | 12 May 2003 |
| Determination date | 15 May 2003 |
| Member | Y S Oldfield |
| Representation | S Corlett ; F Collins |
| Location | Hamilton |
| Parties | Roberts v Otorohanga Hire Ltd t/a J G Hire |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant had overall responsibility for business while employers overseas - Under stress because of responsibilities at work and sick baby - Reasonable to have concluded applicant resigned - Applicant had cleared out belongings - Arrangements for applicant to collect final pay did not amount to unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Heavy burden on applicant because of work responsibilities and sick baby - Applicant had not told owners of concerns when they rang from overseas - Respondent not responsible for failing to give applicant more parental leave when not asked for - No breach of duty to treat applicant fairly and reasonably - No unjustified disadvantage - Hire manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s122 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |