| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant wrote off two company cars in month - Parties agreed applicant would do other duties while insurance issues resolved - Applicant later dissatisfied with change - Asked for clarification of insurer's position from respondent but received no reply - Respondent also sought to raise issues related to provision of medical certificate and personal calls - Respondent told applicant could resign or might face disciplinary action - Respondent raised resignation as aware applicant considering moving overseas - Dominant purpose to clarify need to continue disciplinary action - Applicant later stopped by police driving company truck without appropriate license - When respondent indicated need for further disciplinary meeting applicant thought resignation most attractive option - Applicant not given bare choice of resign or be dismissed - Told facing disciplinary action, which could include dismissal - Fair to be warned of this - Genuine reasons for disciplinary meetings, not seeking to coerce resignation - Removal of sales duties not breach of employment agreement and reasonable in circumstances - Mixed messages to applicant regarding use of vehicles poor management, not breach of duty - Lack of resolution of insurance issues unsatisfactory, but not breach of duty - No constructive dismissal - Sales representative |