| Summary |
UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant took over respondent’s accounts after original employee left - Had difficulties with work - Ex-employee returned to train applicant - Respondent claimed applicant unhappy in role and when ex-employee indicated she could remain and help out, applicant left quickly and happily - Applicant disputed this, claimed surprised when told ex-employee would be taking her position and left as considered herself dismissed - Submitted wrote to respondent alleging unjustified dismissal but respondent did not receive communication - Credibility finding in favour of respondent - Applicant told respondent on more than one occasion that if ex-employee came back she could have her job back - Applicant left very quickly and both parties shocked by rapidity of events - In context of repeated statements ex-employee could have her job back and applicant’s demeanour at time, understandable respondent took her leaving as voluntary resignation - On balance of probabilities, no dismissal - In circumstances, penalty for failure to provide written agreement not warranted, but respondent to be mindful of issue in future |