Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 137/05
Hearing date 15 Apr 2005
Determination date 18 April 2005
Member Y S Oldfield
Representation M Nutsford ; AJH Witten-Hannah
Location Auckland
Parties Raynel v AC Blackmore Ltd and Anor
Other Parties Fleet Management Personnel Services Ltd
Summary UNJUSTIFIED DISMISSAL - Whether abandoned employment - Applicant not at work for six days - Respondent made daily calls to applicant's mobile but no answer - Authority accepted applicant rang respondent on Tuesday and Wednesday seeking instructions about work location - Non-appearance at work location a result of miscommunication - No reason for absence on Thursday - Stayed out all night drinking so did not work on Friday - Applicant's partner called respondent to say applicant would be absent on Friday - Applicant called respondent late Friday - Call at or near end of working day amounted to no call at all - No reason for absence on Saturday - Absent for three continuous working days - Reasonable for respondent to conclude applicant had abandoned employment under parties' employment agreement - Applicant had sufficient opportunity to put forward any explanation - No personal grievance - Truck driver
Result Application dismissed ; Costs reserved
Number of Pages 4
PDF File Link: aa 137_05.pdf [pdf 20 KB]