| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 418/05 |
| Hearing date | 30 May 2005 |
| Determination date | 18 October 2005 |
| Member | R A Monaghan |
| Representation | D Marriott ; P Blackwell |
| Location | Auckland |
| Parties | Lewis v Welding Engineers (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether resignation or dismissal - Applicant hurt hand in non-work related accident - Could only carry out reduced duties - Respondent unhappy with applicant's performance - Applicant also dissatisfied as wanted increased management role and to possibly become shareholder - Applicant left stating were repudiatory acts by respondent - Acts overall not sufficiently serious to amount to repudiatory acts - Applicant went home angry and upset, then turned his mind to what he would do about his ongoing employment - Was already dissatisfied with lack of new written employment agreement or confirmation of wider management role - Not dismissed - ARREARS OF WAGES AND HOLIDAY PAY - Period of absence should have been treated as paid sick leave - Entitled to be credited five days annual leave in respect of that period - Also entitled to payment for 5.5 days attributable to accident - Sales and marketing position |
| Result | Application dismissed ; Arrears of wages and holiday pay (Quantum to be determined) ; Costs reserved |
| Statutes | Holidays Act s3;Holidays Act s5;Holidays Act s6;Holidays Act s36;Holidays Act s39;Injury Prevention, Rehabilitation and Compensation Act 2001 s306 |
| Number of Pages | 7 |
| PDF File Link: | aa 418_05.pdf [pdf 47 KB] |