| Summary |
UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - After lengthy period of unpaid sick leave, applicant worked one day then did not return - Received letter stating respondent could no longer hold position open - Later applicant told could return if obtained medical clearance - Reasonably open to applicant to interpret letter as dismissal - No notice or attempt to talk through possible retention of job - Wholly unjustified given shortness of time between return to work and dismissal - Given length of time position already held, could have given applicant more time and notice to avoid misunderstanding - However, reasonable for applicant to provide medical clearance and he had not adequately explained absence - Dismissal unjustified - Remedies - Applicant would have been entitled to four weeks notice to get medical certificate before losing job - However, not entitled to wages during that time since on unpaid sick leave - Applicant not necessarily able to work full time - Lost wages restricted to four weeks less earnings - PENALTY - Applicant sought penalties for not providing employment agreement, and wage, time and holiday records - Documents were eventually produced and no prejudice to applicant - BREACH OF CONTRACT - Counterclaim - Respondent sought damages for applicant's alleged failure to abide by commitments - Claim dismissed because of lack of detail - Service technician |