| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 503 |
| Hearing date | 23 Oct 2014 |
| Determination date | 08 December 2014 |
| Member | J Crichton |
| Representation | M Harrison ; M Kamphorst |
| Location | Auckland |
| Parties | Harding v Ricoh New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant resigned - Whether applicant wrote letter denying resignation - Account manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant not given option during final meeting to consider resignation with exit package or 12 month fixed term agreement with access to incentive trip. Final meeting exit interview meaning applicant's behaviour and remarks during earlier engagements sufficient for respondent to believe applicant resigning. Applicant resigned. Applicant denied writing letter denying resignation. Respondent declined subsequent offer from applicant to withdraw termination of employment but applicant's resignation sufficiently explicit and offer made five weeks after termination of employment could not undo earlier resignation. Respondent acted fairly and reasonably despite applicant not complying with employment agreement by resigning in writing. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 February 1994, WEC3/94;New Zealand Public Service Assoc v Land Corp Ltd [1991] 1 ERNZ 741;Taylor v Milburn Lime Ltd (2011) 9 NZELR 275 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_503.pdf [pdf 175 KB] |