| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 388/08 |
| Hearing date | 12 Sep 2008 - 23 Oct 2008 (2 days) |
| Determination date | 12 November 2008 |
| Member | R A Monaghan |
| Representation | K Brown (in person) ; N Raju |
| Location | Auckland |
| Parties | Brown v Phoenix Italia Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - Respondent denied applicant dismissed - Both parties relied on proper interpretation of conversation that occurred immediately before applicant’s employment ended - Applicant employed as salesperson but as store recently opened was expected to assist with moving stock - Applicant injured while moving stock - Applicant worked very limited hours over following weeks - Parties had meeting where reached consensus no alternative duties available - Respondent concerned premature return to work could cause applicant further harm and wanted medical clearance before allowing applicant to return - Applicant returned to work without providing evidence of medical clearance - Respondent’s general manager (“P”) claimed told applicant to chose whether to remain in employment or not depending on whether applicant believed able to carry out duties - Trial period in employment agreement was raised during conversation - Applicant came to conclusion would either be dismissed that day or at end of trial period - Applicant decided to leave - Authority found P unwise to have raised possibility of termination without first emphasising importance of applicant obtaining medical clearance - However, Authority did not believe P went so far as to say applicant’s employment would not continue - Authority found P did not give applicant choice between leaving that day or at end of trial period - Found P indicated that if employment continued, would be review at end of trial period - No reason for applicant to believe employment would end at end of trial period - Premature of applicant to assume any further problems would not be dealt with appropriately - Likely parties spoke at cross purposes when discussed applicant’s choices - Authority not persuaded applicant dismissed - Salesperson |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 388_08.pdf [pdf 24 KB] |