| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 62/07 |
| Hearing date | 13 Mar 2007 - 26 Apr 2007 (2 days) |
| Determination date | 26 April 2007 |
| Member | P R Stapp |
| Representation | D Oliver ; T Snell |
| Location | Napier |
| Parties | Turchie v Prestige Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - After period as temporary employee applicant appointed to permanent position - Performance concerns raised by manager - At subsequent meeting applicant alleged manager offered her exit package or she would face disciplinary proceedings which would result in her leaving anyway - Applicant left premises and did not return - No contact between parties and respondent continued to pay applicant for next two weeks - Respondent submitted applicant resigned when further performance issues raised - Respondent denied making exit offer and wanted applicant to return to work - Later asked applicant to sign standard resignation letter if wished to pursue decision to leave - Both parties had contacted original temp agency for help - Attempt by respondent to settle what it considered misunderstanding declined by applicant as not looking to return to workplace - Credibility finding in favour of respondent - Ulterior motive to replace applicant not established - Applicant had not proved faced with choice to resign or be dismissed - Raising performance concerns with applicant not unjustified - Respondent not responsible for applicant's decision to leave and its actions after she left consistent with desire to retain her - Applicant could have approached problem in constructive manner instead of raising personal grievance - Applicant resigned - No dismissal - PENALTY - Respondent failed to provide written employment agreement - Penalty appropriate - However, failure did not cause or contribute to employment relationship problem and respondent had arrangements in place for new employees to be provided with agreements - Penalty at lower end of scale ordered |
| Result | Application dismissed (Dismissal) ; Application granted (Penalty) ; Penalty ($500)(Payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | wa 62_07.pdf [pdf 45 KB] |