| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 147/08 |
| Hearing date | 14 Nov 2007 |
| Determination date | 22 April 2008 |
| Member | D King |
| Representation | P Mardell (in person) ; J Murdoch |
| Location | Auckland |
| Parties | Mardell v Edwards Dunlop (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Respondent denied applicant dismissed and claimed resigned from employment – Applicant told respondent’s manager (“B”) not coming into work after injured playing rugby aggravating previous injury – Applicant claimed B said was dismissing applicant due to serious misconduct – Applicant argued no knowledge playing sport in leisure time offence justifying summary dismissal – Applicant argued respondent alternatively offered opportunity to resign – Applicant claimed encouraged to formulate resignation letter under duress by B – B denied summary dismissal or offer of alternatives – B argued not authorised to summarily dismiss or formally discipline employees – B argued applicant confirmed wanted to resign – Applicant provided B with one line resignation – B argued did not place applicant under duress to make resignation – Authority found no rationale for B to threaten applicant with summary dismissal – Found applicant not persuaded to write resignation letter by B – Authority found difficult to believe B would summarily dismiss applicant for single days absence through sickness – Found logical explanation that for reasons best known to applicant decided to resign and then regretted decision – No unjustified dismissal – Storeman |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 147_08.pdf [pdf 23 KB] |