| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 166/06 |
| Hearing date | 28 Jul 2006 |
| Determination date | 30 November 2006 |
| Member | P Montgomery |
| Representation | D Beck ; K Reid & C Gibb |
| Location | Christchurch |
| Parties | McKay v Woodend Preschool & Nursery Ltd t/a Minnies Preschool |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant employed on fixed term while permanent employee (KR") on parental leave - Respondent claimed applicant resigned and later changed her mind - Applicant alleged director became angry and threatened her - Respondent's evidence preferred - Applicant had previously signalled would leave early if found new position - In circumstances, brief conversation with director about resignation adequate - Communication from applicant not ambiguous and director did not seize upon unintended words capable of amounting to resignation - Written notice not required - No onus on employer to determine if resigning employee had alternative employment - Open to respondent to contact KR and once she agreed to return, balance of original agreement unavailable to applicant - Applicant had not asked to withdraw resignation but appeared to think just had to notify respondent intended to stay - Withdrawal of resignation could not be made unilaterally - Applicant resigned - No personal grievance - Length of service 10 months - Early childhood educator" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 February 1994, WEC 3/94 |
| Number of Pages | 6 |
| PDF File Link: | ca 166_06.pdf [pdf 38 KB] |