| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 8/07 |
| Hearing date | 7 Dec 2006 - 16 Jan 2007 (2 days) |
| Determination date | 23 January 2007 |
| Member | G J Wood |
| Representation | D Patten ; F Watty |
| Location | Wanganui;New Plymouth |
| Parties | Rider v Stratford By Products Ltd, also t/a Taranaki Abattoirs (1992) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Credibility finding against applicant - Authority found applicant decided to resign after suffered second injury at work - Announced intention to leave immediately during heated discussion with manager - Manager acted as fair and reasonable employer - Sought to find out and discuss reasons for leaving and tried to get applicant to defer making decision on the spot - Applicant later went to doctor and obtained medical certificates stating unfit for work - Remained on ACC for considerable period, despite respondent disputing his eligibility - ACC matter effectively closed as respondent chose not to challenge notification of acceptance of work injury - Applicant resigned - No personal grievance - ARREARS OF WAGES - Applicant not paid first week's ACC compensation after first injury - Respondent undertook to make payment to applicant - By-products operator |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages (1 week) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | wa 8_07.pdf [pdf 18 KB] |