| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 49/04 |
| Hearing date | 3 Feb 2004 |
| Determination date | 11 February 2004 |
| Member | A Dumbleton |
| Representation | M Hammond ; E Huston |
| Location | Auckland |
| Parties | Milburn v Waikato District Health Board |
| Summary | DISPUTE - Applicant resigned in writing after disagreement with manager - Manager suggested applicant take until following morning to reconsider - Letter of resignation left on applicant's desk - Later that afternoon manager took letter and said I'll take that" - Within 24 hours applicant attempted to withdraw resignation - Respondent refused to accept withdrawal - Alleged respondent not permitted to hold applicant to resignation - Respondent through manager offered applicant opportunity to reconsider - Not open to manager to withdraw opportunity or curtail period of reconsideration without clearly informing applicant - Taking letter and saying "I'll take that" not sufficiently clear withdrawal of opportunity - Even if opportunity for reconsideration not offered probably inconsistent with philosophy of Employment Relations Act 2000 to allow respondent to insist on resignation - Binding declaration - Respondent not to regard applicant as having resigned - Costs to lie where they fall - Doctor" |
| Result | Declaration granted ; Costs to lie where they fall |
| Statutes | ERA;ECA |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94 |
| Number of Pages | 4 |
| PDF File Link: | aa 49_04.pdf [pdf 1002 KB] |