| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 98/05 |
| Hearing date | 25 May 2005 |
| Determination date | 19 July 2005 |
| Member | J Crichton |
| Representation | TJ Twomey ; K Owen |
| Location | Christchurch |
| Parties | McDonald v Bayliss Sharr & Hansen Chartered Accountants |
| Summary | UNJUSTIFIED DISMISSAL - Whether exit package agreed on in without prejudice discussion between representatives - Discussion during disciplinary meeting - Were serious concerns about applicant's standard of work - Authority could hear evidence about without prejudice discussions to extent were about existence or otherwise of agreement between parties - Critical differences in evidence between parties - Impossible to tell if agreement concluded - Applicant thought agreement had been reached and had removed her belongings from office - Was not until two days later she learned agreement was not made - Applicant got very clear message was not wanted by respondent - Inconceivable that inexperienced young woman in her first job having been subjected to a disciplinary process and then going through employer-initiated exit strategy which subsequently fell apart should then be expected to return to work as if nothing happened - Relationship effectively brought to end by employer's inducement of her departing with promise of some compensation - Unjustified constructive dismissal - Office junior |
| Result | Application granted ; Reimbursement of lost wages ($4,387.50) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | Legal Services Act 2000 |
| Number of Pages | 7 |
| PDF File Link: | ca 98_05.pdf [pdf 30 KB] |