Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 58/04
Hearing date 15 Dec 2003
Determination date 23 February 2004
Member K J Anderson
Representation GA Walsh ; S Scott
Location Auckland
Parties Goodwin v Flay t/a Valmai Rest Home
Summary UNJUSTIFIED DISMISSAL - Applicant off work on accident compensation - Applicant alleged was dismissed - Applicant sent letter that respondent's business for sale and employment would terminate at end of month - Applicant assumed had been dismissed prior to specified date of termination - No evidence to suggest applicant could have reasonably or sensibly reached such conclusion - Obligation to inform respondent of current situation regarding absence from workplace - Not dismissed but simply failed to notify employer she was not going to return prior to date of termination at end of month - ARREARS OF WAGES - Alleged owed 30 hours pay wrongly deducted - Claim not proven - RECOVERY OF MONEY - Counterclaim - Alleged received payments not entitled to in first week on ACC - Claim not proven - Caregiver
Result Application dismissed (Unjustified dismissal) ; Application dismissed (Counterclaim) ; Costs reserved
Number of Pages 3
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