| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 354/06 |
| Hearing date | 2 Aug 2006 |
| Determination date | 23 November 2006 |
| Member | R A Monaghan |
| Representation | A Garas-Endrawis (in person) ; M Paterson |
| Location | Auckland |
| Parties | Garas-Endrawis v Albany Food Warehouse Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged actual or constructive dismissal - Applicant injured back at work - Matter referred to ACC - Medical certificate stated applicant not fit for heavy lifting - No light duties available - Applicant sent home - No dismissal at this time, open ended nature of absence not unknown in employment law and respondent should have been advised of progress - However ACC concluded employment had ended - Applicant found out employee number assigned to someone else and concluded employment terminated - Respondent to clarify matter - Received indication that employment terminated - Should have contacted employer, not ACC - Acquiesence by applicant considered by respondent that employment abandoned - Authority concluded circumstances amounted to combination of misunderstanding and miscommunication, but no dismissal - Matter transferred to business services manager (KP") - Applicant informed that still a staff member and still on payroll - Applicant indicated would not be able to do checkout job - Applicant would not accept alternative employment at position of lower level than what she was qualified for - Applicant failed to distinguish between wider vacancies that ACC recommended and work respondent might offer in interests of continuing her employment - Applicant not entitled to expect kind of work that was being explored by ACC - Applicant told if could not work as checkout operator then should resign - Letter sent to applicant requesting confirmation of termination - Applicant confirmed position should be terminated - Overall, circumstances amounted to termination by consensus - No dismissal - UNJUSTIFIED DISADVANTAGE - Changes to hours made by agreement - No unjustified disadvantage - ARREARS OF WAGES AND HOLIDAY PAY - Claim for unpaid holidays dismissed - No need for notice since termination by consensus - Length of service 15 months - Checkout assistant" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 9 |
| PDF File Link: | aa 354_06.pdf [pdf 51 KB] |