| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 36A/01 |
| Determination date | 20 September 2001 |
| Member | P R Stapp |
| Representation | B Foster & A Coulon ; R Walker |
| Location | Wellington |
| Parties | Huddleston v J N L Nominees Ltd t/a George Street Delicatessen |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Reinstated after suspended during serious misconduct investigation - Disputed when applicant was to return to work - Alleged failed to restart work on agreed date - No dismissal took place - No proof of deliberate abandonment of employment - No deliberate breach of employment agreement - Amounted to misunderstanding only - Imposition of penalty not appropriate - Claim of unjustified dismissal not made out - No obligation to repay wages for period of absence - Sales assistant |
| Result | Application dismissed ; Costs to lie where they fall |
| Cases Cited | Spotless Services (NZ) Ltd v Walters [2001] ERNZ 236 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |