| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 287/07 |
| Hearing date | 14 Sep 2007 |
| Determination date | 17 September 2007 |
| Member | Y S Oldfield |
| Representation | no appearance ; T Thomas (in person) |
| Location | Auckland |
| Parties | Maxwell v Thomas |
| Summary | UNJUSTIFIED DISMISSAL - No appearance by applicant - Authority determined matter on basis of evidence taken at previous meeting - Agreement between parties initially expressed to be casual - However, applicant began working long hours every week and Authority satisfied employment effectively became permanent - Applicant advised needed to travel overseas urgently for family reasons - Respondent offered to pay applicant his holiday pay to help him in circumstances - Told applicant no pressure to return quickly as relief driver engaged - Respondent expected applicant would advise when would return to work - Claimed did not hear from applicant until received letter seeking wage records and reason for dismissal - Respondent replied stating employment not terminated and told Authority would be glad to have applicant return to work - Appeared applicant drew incorrect conclusion from payment of holiday pay and engagement of relief driver - No dismissal - Driver |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 287_07.pdf [pdf 18 KB] |