| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed following incidents at workplace - Respondent claimed applicant resigned - Applicant claimed lost wages, compensation, and solicitor/client costs – Applicant previously spoken to about use of incorrect cleaning cloths and wearing jeans while trousers being repaired – On day of alleged dismissal claimed reprimanded over delay in trouser repair – Claimed respondent’s co-owner abruptly and aggressively asked her to remove polar fleece jacket – Applicant claimed felt intimidated and upset – Respondent denied standing over and intimidating applicant – Co-workers evidence that applicant angry and respondent direct but not unreasonable – Applicant handed respondent’s other co-owner her apron, saying “I don’t want to work here anymore” and left during shift – Several days later co-worker instigated meeting between applicant and respondent – Respondent of view applicant asking if could withdraw resignation – Applicant of view not resigned but left caf� because upset over alleged behaviour of respondent – Respondent considered matter then telephoned applicant to say decided to “leave things as they are” – Applicant claimed took this to mean had been dismissed - Authority found applicant took exception to respondent asking her to remove jacket and became unreasonably angry – Little doubt of applicant’s intention to resign in words spoken and gesture of removing and handing over apron – Evidence too light to bear weight of constructive dismissal – Respondent entitled to take actions as resignation – Purpose of meeting that respondent consider permitting applicant to withdraw resignation – Not disciplinary meeting as applicant already resigned – Open to respondent to decline attempt to rescind resignation – Dismissal justified – Employed for under one month - Counter staff member |