| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 181/09 |
| Hearing date | 8 Apr 2009 |
| Determination date | 15 June 2009 |
| Member | A Dumbleton |
| Representation | K Single ; A Prentice |
| Location | Auckland |
| Parties | Watson v Ryjack Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following sick leave – Parties concluded Memorandum of Understanding (“MoU”)to resolve dispute and respondent agreed to provide written employment agreement (“EA”) – Applicant refused to sign EA as erroneous – Applicant obtained medical certificate requiring “indefinite” sick leave – Respondent unable to communicate with applicant regarding reasons for indefinite sick leave – Applicant summarily dismissed – Authority found applicant’s failure to be communicative to respondent’s reasonable enquiries breached duty of good faith – Found medical certificate did not meet s68 Holidays Act 2003 – Found applicant could have made respondent aware of condition through wife or doctor – Found applicant’s misconduct not sufficiently serious for summary dismissal – Applicant claimed dismissal unjustified on grounds of false dishonestly allegations – Found respondent’s suspicion of dishonesty arose after dismissal – Dismissal unjustified – REMEDIES – Found 100 percent contributory conduct – Reimbursement of two weeks wages in lieu of notice – ARREARS OF WAGES – Applicant claimed underpayment of wages – Found grievance not raised within time and MoU resolved all other arrears issues - Sales Representative |
| Result | Application granted ; Pay in lieu of notice ($1,2000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s124;ERA cl10, sch2;Holidays Act 2003 s68 |
| Number of Pages | 8 |
| PDF File Link: | aa 181_09.pdf [pdf 31 KB] |