| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 203/05 |
| Hearing date | 21 Apr 2005 |
| Determination date | 31 May 2005 |
| Member | D King |
| Representation | G Ogilvie ; T Bravenboer |
| Location | Auckland |
| Parties | Collins v Ngati Porou Hauora Inc |
| Summary | UNJUSTIFIED DISMISSAL - Dismissed for alleged abandonment - Applicant suffered accident which caused her to be off work for number of months - Doctor did not provide respondent with medical certificates as applicant alleged he had said he would - Respondent wrote letter saying applicant had failed to comply with specified clause in agreement - Applicant made no effort to contact doctor to ensure certificates sent - Miscommunication on both sides - Reason for termination was applicant's perceived failure to keep respondent informed of the state of her health - Applicant should have checked whether certificates had been supplied - Not helpful to send letter merely saying should comply with specified clause (instead of specifically saying had received no medical certificates) - Applicant did not have notice of fact respondent was considering a dismissal - No opportunity for input into decision - Abandonment could not be used as justification - Respondent knew applicant was ill - Remedies - No reimbursement of lost wages since in receipt of ACC - Contributory conduct 1/3rd |
| Result | Application granted ; Compensation for humiliation etc ($3,000 reduced to $2,000) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 203_05.pdf [pdf 26 KB] |