| Summary |
UNJUSTIFIED DISMISSAL - Whether applicant was dismissed or abandoned her employment - Written employment agreement provided that if applicant was absent from work for continuous period exceeding two working days without notification to and consent from respondent or without good cause, applicant deemed to have abandoned employment - Over one year and seven months applicant took sixty three days sick leave, as well as annual leave and leave without pay - Discussions between parties about ongoing absences - Applicant informed respondent she was to have operation under private health system and intended to be absent for four weeks - Respondent declined request for leave without pay - Applicant informed respondent she would take leave anyway - Respondent confirmed that leave had not been granted and put applicant on notice her employment would be terminated if she failed to contact respondent - Applicant made another request for leave - Respondent dismissed applicant - Abandonment clause in employment agreement did not apply because respondent knew applicant was not abandoning employment - Information available to respondent sufficient to alert fair and reasonable employer that applicant had significant medical issue - Applicant's decision to take time off work when leave had not been approved was more in nature of disciplinary matter than abandonment - Fair and reasonable employer would not have dismissed applicant for being defiant, not providing sufficient medical information, and for sickness where sick leave was exhausted because those were not matters put to applicant for comment - Unjustified dismissal - Remedies - Contributory conduct - Applicant's failure to provide detailed information about reason for her surgery was linked to respondent's decision - However Authority could not attribute any contributory fault when respondent had enough information that would have alerted it to applicant's significant health issue, and had decided to temporarily fill her position with fixed term agreement - No contributory fault - Service Centre Operator |