| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 201/09 |
| Hearing date | 27 Oct 2009 |
| Determination date | 20 November 2009 |
| Member | H Doyle |
| Representation | P Pati ; A Rooney |
| Location | Christchurch |
| Parties | Aldwin v Duncan Plumbing & Drainage Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed when told to leave workplace by respondent’s owner (“D”) – Respondent aware applicant had pre-existing medical issue with elbows and forearms – Applicant employed by respondent previously on two separate occasions – Authority found with previous employment no formalities when employment ended in terms of formal written resignations – Authority accepted respondent’s evidence applicant somewhat reluctant to ask for help – Found reasonable for respondent to consider applicant managing condition in absence of any issues being raised to the contrary – Found could not conclude applicant pressured to drive truck causing injury – However, clear applicant unhappy during shift because of pains to arms – Altercation occurred between applicant and manager, and applicant left workplace – Applicant obtained medical certificate but did not provide certificate to respondent as considered had been dismissed – Respondent’s evidence preferred – Authority found no sending away of applicant – Found respondent had no reason to expect angry outburst from applicant – Found on balance of probabilities respondent did not use words or gestures to indicate applicant dismissed – Found no unjustified dismissal – Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | ca 201_09.pdf [pdf 28 KB] |