| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 86/03 |
| Hearing date | 5 Jun 2003 |
| Determination date | 18 June 2003 |
| Member | D Asher |
| Representation | J Unsworth ; S Howe |
| Location | Wanganui |
| Parties | Anderson v O'Donnell Building Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Down turn in respondent's business - Applicant experienced personal difficulties - Allowed one weeks leave - Alleged dismissed during phone call on first day of leave - Respondent denied dismissal and alleged it suggested applicant look for alternative work due to difficulties respondent was facing - Not dismissed during phone conversation - Applicant failed to return to work after leave - Respondent admitted would have given applicant one week's notice of redundancy if he had returned to work - Knew applicant regarded himself as sacked or redundant - Failed to do all it could to fairly and reasonably correct misapprehension - Could not have fairly and reasonably regarded applicant's failure to return to work as abandonment - Requirement for parties to employment relationship to have dealt with each other in good faith when employee made redundant - Encumbent on respondent to have made contact with applicant when failed to return to work - Respondent in breach of obligation to have made contact with applicant and clarify intentions - Preliminary finding of Authority that applicant may have been unjustifiably dismissed or disadvantaged - Parties referred to mediation - Leave reserved to refer matter back to Authority - Carpenter |
| Result | Parties referred to mediation ; Leave reserved to refer matter back to Authority ; Remedies reserved ; Costs reserved |
| Statutes | ERA s4(4)(e);ERA s159(1)(b);ERA s160(3) |
| Cases Cited | EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 |
| Number of Pages | 13 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |