| Summary |
UNJUSTIFIED DISMISSAL – Applicant went home ill and provided respondent with medical certificates for period from 14 August to 28 August – Applicant obtained further medical certificate stating unfit for work until early December (“second certificate”) when had not recovered from illness by 28 August – Between 28 August and end of 29 August, applicant, her daughter and friend (“P”) left message with respondent’s manager (“B”) advising applicant sick – No communication made between applicant, daughter, P and B between 30 August and 1 September – On evening of 1 September B delivered letter to applicant stating respondent deemed employment abandoned – Applicant attended respondent’s offices as instructed by letter and presented second certificate to B – B refused to re-employ applicant, stating employment abandoned – Respondent argued two reasons for decision – Firstly, applicant distressed and difficult to deal with – Secondly, applicant’s fixed term employment had short time to run, so no point re-employing applicant when incapacitated for most of remainder of fixed term – Respondent argued did not dismiss applicant and could not be expected to re-employ applicant after employment abandoned – Applicant claimed clear did not abandon employment from messages left for B – Applicant also claimed dismissal deprived opportunity for permanent work when respondent reviewed services at conclusion of fixed term – Authority dismissed applicant’s claim for wages at penal rates – P gave evidence that thought gave second certificate to receptionist when attended work to cover for applicant – B argued found note stating applicant sick but no medical certificate – B unable to produce note at investigation meeting – Authority found as B failed to keep note must give benefit of doubt to P – Authority accepted P handed in what was understood to be medical certificate – Authority distinguished applicant’s circumstances from those in Pitolua v Auckland City Council Abattoir [1992] 1 ERNZ 693 – Authority found inaccurate to suggest no notification to respondent in relation to absence – Authority satisfied messages to B made clear illness ongoing – Authority found dismissal occurred since established notification occurred and no abandonment – Found dismissal unjustified – Authority satisfied as result of dismissal applicant lost chance to apply for permanent work – Remedies – Authority concluded loss of income result of pre-existing health problems, not personal grievance – No award for lost earnings – Authority satisfied applicant very distressed by manner of dismissal – $7,000 compensation appropriate – Cleaning Services Supervisor |