| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 202/05 |
| Determination date | 31 May 2005 |
| Member | R A Monaghan |
| Representation | A-M McInally ; L Turner |
| Location | Auckland |
| Parties | Habgood v Norske Skog Tasman Ltd |
| Summary | INTERIM REINSTATEMENT - Alleged unjustified dismissal following long absence - Applicant suffered stress related illness which she alleged was work-related - Sought reinstatement but not to her duties and was unable to specify when she might be able to return to them - Sought reinstatement to payroll on paid sick or special leave - Had been discussions about applicant being made redundant or taking medical retirement under a total and permanent disability insurance policy - Respondent took from conversation that applicant had resigned - Three months later in response to letter from applicant's lawyer, respondent advised she had resigned and would treat end of February as last day - Whether unjustified dismissal - Entitled to 10 days sick leave - Entitlement used up - No outstanding entitlement - Not entitled to extended sick leave - Justice required applicant to persuade Authority to more than an arguable level that was some entitlement to which she could be reinstated - Otherwise, in reality any order for reinstatement in terms sought would have amounted to little more than grant of a substantial loan and that was not purpose of interim relief - Application declined - HR advisor |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 202_05.pdf [pdf 30 KB] |