Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 49/02
Hearing date 23 Apr 2002
Determination date 10 May 2002
Member H Doyle
Representation I Thompson ; M Carswell
Location Christchurch
Parties Trevethick v Cosmic Corner Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Summary dismissal - Extended leave of absence - Whether entitled to demand position back upon return - Agreement between parties for leave of absence - Promised to find position upon return if available - Leave severed employment relationship - No obligation to re-engage on same terms - Offered lesser position - Alleged offer for sales position - Respondent had intended to create sales position - Position dependent on numerous contingencies - Contingencies never eventuated - Offer of future position not binding - No redundancy or summary dismissal - Store manager
Result Application dismissed ; Costs reserved
Cases Cited Journalists and Graphic Process Union (JAGPRO) v Western Litho Ltd [1991] 1 ERNZ 943
Number of Pages 7
PDF File Link: PDF file not available for download, please contact us to request a copy.