| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 154/09 |
| Hearing date | 8 Sep 2009 |
| Determination date | 16 October 2009 |
| Member | P R Stapp |
| Representation | B Laracy ; C Knolles |
| Location | Wellington |
| Parties | Abbott v Fresh Connection Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed after altercation – Respondent argued no dismissal and sought to clarify confusion over applicant’s employment status – Applicant told co-worker (“M”) employment at respondent temporary and had applied for alternative employment – M raised concerns to manager (“G”) – G discussed with applicant whether committed to employment with respondent – Altercation occurred – Applicant claimed G alleged applicant dishonest and was dismissed - G argued no dismissal and only told applicant to cool down – Following day, G declined to provide applicant dismissal letter and denied dismissal – Respondent’s branch manager (“A”) advised applicant not dismissed and to return to work – Applicant declined to return and provided medical certificate – G contacted applicant after applicant failed to return when certificate expired – Applicant advised G not returning – Respondent’s evidence preferred – Authority found likely G told applicant to take time out after altercation – Found likely G told applicant not dismissed when asked by applicant - Found G and A sought to clarify applicant’s employment status – Found applicant’s resignation not foreseeable because applicant sought sick leave and A and G requested applicant to return – No dismissal – Store-man Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | wa 154_09.pdf [pdf 31 KB] |