| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 366/07 |
| Hearing date | 13 Nov 2007 |
| Determination date | 21 November 2007 |
| Member | M Urlich |
| Representation | M Whitehead ; P Elder |
| Location | Auckland |
| Parties | Richmond v Armstrong Alarms Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Respondent claimed applicant absent for five and a half months without properly notifying it of absence - Understood applicant had moved onto other employment and claimed he refused offer to discuss situation - Submitted this amounted to resignation - Applicant had provided respondent with medical certificates covering absences - Contacted respondent when received medical clearance - Respondent told him did not have workload to keep him employed - Applicant declined to meet and respondent agreed to his request for two weeks pay as notice - Payment not made - Sending away - No opportunity to comment - Long absence due to illness did not end employment relationship - Dismissal unjustified - Remedies - Entitled to be paid for agreed notice period - Leave reserved on holiday pay issue |
| Result | Application granted ; Notice period (Two weeks) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 366_07.pdf [pdf 16 KB] |