| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 11/05 |
| Hearing date | 14 Dec 2004 |
| Determination date | 28 January 2005 |
| Member | P Cheyne |
| Representation | P Brown ; F Wall |
| Location | Christchurch |
| Parties | Ford v Nadetwa Clothing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or employment terminated by consent - Respondent's owners concerned about applicant's poor state of health - Discussed with applicant possibility that she retire and go on sickness benefit - Applicant asked for finish date for benefit and reasons for termination in writing - Respondent offered reinstatement but not accepted by applicant - Respondent's owner's approach to applicant out of concern for well being - No dismissal - Not entitled to remedies - Alternatively would have been disentitled to remedies since declined offer of reinstatement - Machinist |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971;NZ Engine Drivers etc IUOW v West Coast Area Health Board [1990] 1 NZILR 619 |
| Number of Pages | 4 |
| PDF File Link: | ca 11_05.pdf [pdf 24 KB] |