| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 334/05 |
| Hearing date | 7 Jun 2005 |
| Determination date | 29 August 2005 |
| Member | R A Monaghan |
| Representation | M Nutsford ; no appearance |
| Location | Auckland |
| Parties | Stensness v BE Design Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Differences of opinion between director of respondent and applicant - Angry discussion after director discovered applicant looking for another job - Alleged director told applicant she should leave as had made it clear she could not work with director - Applicant told her she would think about it and hand in notice by end of day - Did not hand in notice and continued to report for work - Director gave applicant letter acknowledging applicant's resignation" and specifying last day of work - Prior to last day applicant told would have to leave on earlier date - No reason for early termination given - Remainder of notice period paid out - In absence of evidence from director applicant's account of events accepted - Initiative for applicant offering resignation came from director - Therefore when applicant did not hand in notice by end of day director should have asked applicant about matter and what conclusion she had reached - Not entitled to take matters into own hands and inform applicant of termination date - Circumstances in which applicant's resignation obtained and acted upon amounted to dismissal - Applicant entitled to look for alternative employment - Dismissal unjustified - Remedies - Applicant wanted to leave employment anyway - Little evidence of injury to feelings arising from way employment terminated - Modest award appropriate but amount increased due to aggravating feature of forced early termination - Design administration assistant" |
| Result | Application granted ; Reimbursement of lost wages ($720.72)(13 weeks less earnings) ; Compensation for humiliation etc ($4,000) ; Costs reserved ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | EAR |
| Number of Pages | 4 |
| PDF File Link: | aa 334_05.pdf [pdf 27 KB] |