| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 402/09 |
| Hearing date | 23 Sep 2009 |
| Determination date | 13 November 2009 |
| Member | J Crichton |
| Representation | M Nutsford ; P Collins |
| Location | Auckland |
| Parties | Prince v Collins Lawson Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed despite medical certificate clearing applicant to return to work – Respondent argued no dismissal and employment relationship ended at applicant’s initiative – Applicant had existing back injury and sought leave to have surgery – Applicant initially advised respondent experiencing significant back pain and did not know when able to return to work – Applicant met with respondent one month later – Conflict of evidence whether applicant voluntarily resigned or dismissed – Applicant claimed respondent stated “best for applicant to be laid off” – Respondent argued applicant wanted to end employment because risk of aggravating injury too high – Argued asked applicant “are you ending our employment relationship” and applicant replied “yes” – Conflict of evidence whether applicant provided respondent with medical certificate clearing applicant for work - Conflict of evidence whether applicant subsequently emailed respondent asking for reference stating applicant “laid off” – Applicant claimed made no such request – Respondent argued did not provide reference as statement false – Personal grievance raised – Respondent’s evidence preferred as applicant’s evidence not credible – Authority found applicant requested reference to state applicant laid off to obtain assistance from Work and Income New Zealand – Found applicant knew was not laid off – Found respondent anxious for applicant to return to duties – Found respondent never received medical certificate - Found applicant initiated severing of employment relationship as applicant unable to perform duties within foreseeable future – Found grievance brought as applicant disgruntled when respondent declined to give reference – No dismissal – Warehouse Coordinator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | aa 402_09.pdf [pdf 38 KB] |