| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 166/07 |
| Hearing date | 6 Jun 2007 |
| Determination date | 06 June 2007 |
| Member | J Scott |
| Representation | S Scott ; J Hardaker |
| Location | Auckland |
| Parties | Birkett v Star Design Furniture Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant had several warnings for poor attendance - Parties met and agreed to clean the slate" - Applicant promised to improve performance and given wage increase - Absences continued - Applicant asked for final written warning - Applicant absent again and, despite promising to, and repeated requests, failed to provide evidence genuinely sick - At subsequent meeting applicant believed reached agreement he would get another job, then resign - Respondent claimed suggestion made but not agreed to - Following day applicant dismissed - Applicant not credible witness - Authority found no agreement reached regarding resignation - Applicant's argument respondent had no right to consider prior conduct due to "clean slate" not accepted - Conduct leading to dismissal on all four legs with respondent's historical concerns and applicant had received further warnings since slate cleaned - Applicant had good faith obligation to demonstrate genuinely sick and failed to do so - Respondent's conduct and actions those of fair and reasonable employer - Dismissal justified - Machinist" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Holidays Act 2003 s68(1A) |
| Number of Pages | 6 |
| PDF File Link: | aa 166_07.pdf [pdf 35 KB] |