| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - Resigned after altercation at meeting - However, reconsidered and returned to work - One year later resigned after notice of allegations against her about financial management and financial probity - Whether breach of employment agreement - Applicant alleged that had respondent reviewed her performance in accordance with agreement, she might have continued in her employment because she would have had an opportunity to resolve outstanding issues in a timely fashion - Was no review after 6 months as required, however applicant received salary increase so was no deficit to her - No breach in relation to other performance reviews - No breach of obligation to provide safe workplace - Applicant knew the nature of environment in which she was choosing to work before she applied for the positron - Matters that post-dated her employment were relevant - Meeting which became so unpleasant that applicant tendered her resignation called into question whether there was a safe workplace - However, she affirmed the agreement since she proceeded with her employment - No deliberate course of action designed to obtain resignation - Applicant was well thought of and the respondent was shocked at the allegations and hoped they could be satisfactorily explained - Proximate cause of resignation was receipt of letter detailing three pages of complaints - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Alleged disadvantage because of process used to present allegations against applicant and also the substance of the letter - Applicant alleged letter ensured that everybody else knew about complaints except her - No improper process - No problems with substance of the letter - No unjustified disadvantage - Chief executive |