| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 26/02 |
| Determination date | 13 February 2002 |
| Member | R A Monaghan |
| Representation | Manuel in person ; K Rogers |
| Location | Auckland |
| Parties | Manuel v Natural Learning Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Temporary employment to cover employee on maternity leave - Employee due to return to work - Applicant left off roster - Did not return to work - Whether told hours of work could be renegotiated - Credibility - Evidence of respondent preferred - No dismissal - Departure was premature - Knew that believed had been given notice - Failed to follow up failure to report to work - No entitled to conclude had abandoned employment - Contributory conduct reduced remedies |
| Result | Application granted ; Reimbursement of lost wages (2 weeks) ; Costs in favour of applicant ($70)(Filing fee) |
| Statutes | Parental Leave and Employment Protection Act 1987 s48 |
| Cases Cited | EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |