| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 222/09 |
| Hearing date | 22 Oct 2009 |
| Determination date | 22 December 2009 |
| Member | H Doyle |
| Representation | J Beck ; M Nidd |
| Location | Dunedin |
| Parties | Taylor v Milburn Lime Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Respondent’s evidence preferred - Applicant claimed unjustified dismissal – Respondent claimed abandonment of employment – Altercation occurred between applicant and co-workers – Applicant stated “I am out of here finishing” and left workplace – Applicant advised co-worker (“K”) to pick up work ute – Applicant advised K “could get job anywhere and did not care” about current employment – Respondent’s manager (“M”) advised by employees applicant resigned – M discussed incident with employees – Following day, M sent applicant letter stating believed applicant had abandoned employment – Applicant did not contact M to advise had not resigned until two weeks later – M advised applicant’s failure to make earlier contact resulted in abandonment therefore new employee hired – M referred to employment agreement which provided unauthorised absence from work for two weeks deemed abandonment - Personal grievance raised – Authority found applicant’s actions and words led co-workers to reasonably believe applicant resigned – Found M’s letter appropriately set out respondent’s belief employment abandoned – Found not unreasonable for M to not call applicant before sending letter as applicant had two weeks to correct belief – Found applicant’s failure to correct M’s belief led M to invoke abandonment clause – Found applicant’s failure to correct belief within two weeks unreasonable – No dismissal – Head digger driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui Limited unreported, Goddard CJ, 24 Feb 1994, WEC 3/94;Chicken & Food Distributors (1990) Ltd v Central Clerical Workers Union [1991] 1 ERNZ 502;Sadd v Iwi Transition Agency [1991] 1 ERNZ 138 |
| Number of Pages | 10 |
| PDF File Link: | ca 222_09.pdf [pdf 42 KB] |