Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 48/07
Hearing date 26 Feb 2007
Determination date 26 February 2007
Member L Robinson
Representation B McIntyre ; D Kennedy
Location Auckland
Parties Pounder v Studdard Holdings Ltd
Summary UNJUSTIFIED DISMISSAL - Applicant claimed did not resign but dismissed - Manager declined to accede to customer requirements as presented by applicant - Argument ensued - Authority accepted applicant angry and swore - Authority accepted co-workers evidence applicant said I’m out of here" and "I've finished up" - Manager asked for applicant's keys as result of statement - Manager's request for keys did not constitute dismissal - Authority found applicant resigned from employment - However, unfair of respondent to rely on resignation given in heat of moment - Maintenance of resignation in circumstances where unfair to do so amounted to dismissal - Dismissal unjustified - Remedies - Applicant's actions wholly causative of situation - 100 percent contributory conduct - Used car salesman"
Result Application granted
Main Category Personal Grievance
Number of Pages 6
PDF File Link: aa 48_07.pdf [pdf 25 KB]