Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 126/07
Hearing date 9 Jul 2007
Determination date 28 October 2007
Member J Crichton
Representation B Climo ; G Malone
Location Nelson
Parties May v Majac Trust
Summary UNJUSTIFIED DISMISSAL – Whether dismissed or resigned - Applicant alleged respondent visited his farm accommodation and summarily dismissed him – Respondent claimed applicant resigned during earlier conversation – Claimed applicant asked for Farm Manager to be excluded from property applicant worked on and quit when request refused – Applicant contended made no such request and did not resign - On balance of probabilities, Authority concluded applicant became angry or agitated about not getting own way and quit as a consequence – Whether, having received resignation in those circumstances, respondent did enough to allow parties to reconsider positions – Respondent visited farm to deal with consequences of earlier resignation – Evidence suggested applicant aware had “overstepped the mark a little” in earlier conversation and visit inevitable consequence of earlier behaviour – Authority satisfied applicant accepted he ought to leave – Applicant resigned – No dismissal – Farm worker
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Number of Pages 7
PDF File Link: ca 126_07.pdf [pdf 29 KB]