| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 137/01 |
| Determination date | 02 October 2001 |
| Member | D King |
| Representation | T Kurta ; J Attfield |
| Location | Auckland |
| Parties | Donoghue v Classique Landscapes Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Alleged misrepresented experience causing loss to respondent - Accident at work - Advised to take time off for recovery - Alleged told respondent had medical certificate for 3 weeks - Problems in workplace attributed to applicant's purported lack of knowledge and experience - Recorded in ACC form it was unlikely applicant would continue in employment - Aware applicant was on ACC - Unable to conclude applicant had abandoned employment - Termination at initiative of employer - CV not misleading - No misrepresentation |
| Result | Application granted ; Reimbursement of lost wages ($4,800)(6 weeks) ; Compensation for humiliation etc ($3,000) ; Arrears of holiday pay ($320) ; Costs reserved |
| Cases Cited | EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |