| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 144A/03 |
| Hearing date | 11 Dec 2003 - 12 Dec 2003 (2 days) |
| Determination date | 22 December 2003 |
| Member | P R Stapp |
| Representation | JA Burney ; A Clark |
| Location | New Plymouth |
| Parties | Te Moana v GDC Communications Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Frustration - Dismissed while on 7 months' sick leave - Medical certificates provided sporadically - Manager telephoned applicant leaving messages but no reply - Letter of termination sent stating reason as applicant's incapacitation - Test for frustration of contract due to incapacity not met - Failure to seek information - Failure to make clear to applicant information may have been used for purpose of terminating employment relationship - Fair and reasonable employer expected to approach union and applicant's lawyer for information on applicant's health - Manager and general manager unclear about actual reasons for dismissal - Reasons could have included alleged misconduct - Dismissal unjustified - Remedies - Applicant not responsible for respondent's failure to follow up concerns - No significant contributory conduct - Piece rate installer |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | Barry v Wilson Parking New Zealand (1992) Ltd [1998] 1 ERNZ 545 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |