| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 42/04 |
| Hearing date | 9 Dec 2003 |
| Determination date | 04 February 2004 |
| Member | J Wilson |
| Representation | K Nicolson ; T Douglas |
| Location | Auckland |
| Parties | Wilson v Douglas Sandals Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether abandoned employment - Off work due to illness - Failed to initially gain medical certificate - Doctor away for 3 days - Respondent stated not to return to work without medical certificate - Provided medical certificate one week later - Informed respondent of matter and expressed interest in returning to work after medical certificate obtained - Respondent observed applicant playing outside home during weekend - Dismissed by letter - Respondent should have made further enquiries about applicant's intention regarding return to work - Respondent knew prior to preparation of dismissal letter that applicant intended to return to work - Dismissal unjustified - Remedies - Contributory conduct - Applicant should have made more effort to clarify intentions - Remedies reduced by two-thirds - Machinist/factory hand |
| Result | Application granted ; Reimbursement of lost wages ($1,517)(3 months reduced by 2/3rds) ; Compensation for humiliation etc ($3,000 reduced to $1,000) ; Costs reserved |
| Statutes | ERA s124 |
| Cases Cited | E N Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97;Lwin v A Honest International Co Ltd [2003] 1 ERNZ 387 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |