| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 5/04 |
| Hearing date | 16 Dec 2003 |
| Determination date | 20 January 2004 |
| Member | P Cheyne |
| Representation | P Galvin ; C French |
| Location | Christchurch |
| Parties | Heaps v Phoenix Aviation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance by applicant - Constructive dismissal - Alleged increase in workload despite medical advice - Contracted infection - Medical certificate allowed maximum of 8 hours work per day - Worked more than 40 hours per week - Later sought to work only 40 hours per week - Respondent suggested seeking employment elsewhere - Meeting concluded that applicant would seek other employment and respondent would help fund claim against ACC - Resignation - Respondent not liable for applicant's wilful disregard of medical advice - Mutual understanding employment would end - No breach of duty - No dismissal |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 5 |
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