| Summary |
UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - After altercation, applicant shooed" out of meeting by co-worker - Applicant took this as evidence of being "sent away" and claimed dismissed - Respondent considered applicant resigned, based on email she had sent to senior manager and earlier indication she intended to resign - Co-worker claimed told applicant if she should leave meeting and go back to desk and did not direct applicant to leave building by word or gesture - Co-worker had no authority of disciplinary or employment nature in respect of applicant and no power to dismiss her - Not reasonable for applicant to believe "sent away" by co-worker's "shooing" motion - Only message subsequent email could communicate was applicant's intention to end employment - Consistent with earlier indication she intended to resign, and behaviour as left premises - Case not an example of kind where employer ought to give employee "cooling off" period - Applicant resigned - No personal grievance - Sales consultant" |