| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 157/02 |
| Hearing date | 8 May 2002 |
| Determination date | 27 May 2002 |
| Member | K J Anderson |
| Representation | B Cunningham ; A Schaaf |
| Location | Auckland |
| Parties | Lwin v Honest International Co Ltd t/a International College of Studies Aotearoa |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Requested sick leave - Used leave to visit sick brother in Thailand - Failed to return to work at end of leave - Alleged husband requested further week's leave - Subsequently wrote letter to respondent seeking further leave - Letter forged by husband - Leave not granted - Unsuccessfully attempted to contact applicant - Attempted to return to work - Informed that no position remained due to abandonment of employment - Applicant breached good faith - Deceived respondent - Absent from workplace without consent - Fair and reasonable to conclude employment abandoned - No dismissal - Teacher |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4(1)(b);Holidays Act 1981 s30A |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |