| Summary |
UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant returned company van to office for use of employee on evening shift - Subsequently received message from employee indicating would not work shift, and director (C") informed of situation - Applicant retrieved van and took it home without advising C - C left text message employment would be terminated if van not returned next day - Applicant claimed told his employment terminated when rang to explain could not return van next day - Dispute over conversations - Respondent denied said employment "terminated" - Unlikely applicant told to drop off company property later in week - Matter turned on credibility of witnesses - C angry enough to threaten dismissal if van not returned - Applicant principally relied on assertion C told him employment terminated - Authority not persuaded C used those words - Rather, common ground C instructed applicant to return van next morning or would be dismissed, and applicant indicated not in position to do so - Likely applicant took exchange as amounting to dismissal, or concluded employment at an end next day when failed to return van - Should have taken note of later indication still employed and been open to attending meeting with C - Exchange of messages not consistent with allegation expressly dismissed - Rather, consistent with applicant's uncertainty over whether failure to return van meant employment terminated - Applicant concluded prematurely had been dismissed - Gave no indication thought C dismissed him - Applicant's attitude to C gave him reason to believe decision to leave applicant's - No dismissal - Length of service not specified - Contract cleaner" |