| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 35 |
| Hearing date | 19 Oct 2010 |
| Determination date | 25 January 2011 |
| Member | R Arthur |
| Representation | S Sharma (in person) ; P Akbar |
| Location | Auckland |
| Parties | Sharma v Steel & Tube Holdings Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether accord and satisfaction – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Applicant suffered health problems and went on sick leave – Respondent required applicant be examined by company doctor before returning to work – Respondent tried to arrange assessment for applicant’s emotional issues – Applicant refused – Applicant requested leave to improve mental and physical health – Respondent claimed already given applicant considerable amount of sick leave – Company doctor concluded applicant required time off work – Respondent claimed unable to hold applicant’s job open – Applicant requested two month’s leave and if job vacancy arose applicant could get job back – Respondent put agreement in writing but applicant claimed did not receive copy as at daughter’s wedding overseas – Applicant discovered employment terminated – Authority found care taken to ensure applicant understood agreement – Found applicant not placed under undue pressure to enter agreement – Found respondent concerned about applicant’s health and took steps to assist applicant – Found applicant’s desire to attend daughter’s wedding overseas factored in agreeing to terms on which employment would end – Found applicant agreed employment would end – Found accord and satisfaction – No dismissal – Steel bender |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA 174 |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Auckland_35.pdf [pdf 27 KB] |