| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 196A/03 |
| Hearing date | 8 Apr 2003 |
| Determination date | 25 June 2003 |
| Member | K J Anderson |
| Representation | R Harrison ; K Thompson |
| Location | Auckland |
| Parties | Taylor v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Ongoing illness - Applicant on sick leave for 20 months - Used up sick leave entitlement during period - Transferred to unlimited sick leave subject to management discretion - Dismissed for inability to return to work - Attempts by respondent to re-engage applicant - Applicant refused redeployment - Unlimited sick leave was not truly unlimited and respondent retained discretion as to how long applicant could continue to remain on sick leave - Entitled to require applicant to return to work - Applicant unable to return - Dismissal fair and reasonable in the circumstances - Terminal service engineer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Lang v Eagle Airways Ltd [1996] 1 ERNZ 574;Marshall v Harland & Woolf Ltd [1972] 2 All ER 715;Motor Machinists Ltd v Craig [1996] 2 ERNZ 585;Wilson v Johnathons Catering Co Ltd [2000] 1 ERNZ 660 |
| Number of Pages | 8 |
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