Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 175/03
Hearing date 26 May 2003
Determination date 16 June 2003
Member R A Monaghan
Representation G Norton ; R Sowman
Location Auckland
Parties Mai & Anor v Allbrite Services Ltd
Other Parties Ria
Summary UNJUSTIFIED DISMISSAL - Whether resigned or dismissed - Applicants had difficulties obtaining transport to get to cleaning jobs at three sites - Inability to perform work - Applicants requested money from respondent to assist with transport problems - Applicants said would return keys if not lent money - Applicants did not mention whether meant to resign from third site as well as other sites - Respondent assumed applicants meant all three sites - On late arrival to third site supervisor proceeded on basis applicants had resigned and asked for keys and access cards - Whether or not had expressly resigned behaviour all but destroyed relationship - Last possibility of retrieving relationship destroyed when applicants failed to approach supervisor about other work - Was incumbent on applicants to approach supervisor - Applicants indicated clear intention to resign - No unjustified dismissal - Cleaners
Result Application dismissed ; Costs reserved
Number of Pages 4
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