| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant sent email to respondent stating position untenable – Respondent called meeting same day – Applicant expressed lack of trust and confidence in respondent – Applicant claimed dismissed when respondent offered severance package – Respondent argued decision to terminate employment made by applicant when respondent asked “where do we go next” – Authority found applicant’s notes of meeting showed applicant set self up to fail by making succession of inflammatory comments then seeking to resile from consequences – Found applicant’s observations in email and meeting about nature of employment relationship and adequacy of employer were so negative that were repudiatory of employment relationship, although applicant did not intend this – Found applicant acknowledged encouraged employer that was no relationship to continue with – Found respondent accepted applicant’s repudiation of employment relationship, bringing employment to end – No dismissal - Authority found after termination of employment respondent discovered applicant downloaded large amount of pirated software and spent significant work time surfing internet – Applicant did not dispute activities, but argued were normal – Authority found had it found personal grievance, would have considered whether post-termination discoveries about improper conduct by applicant could impact issues relating to dispute between parties – Authority considered applicant at risk of disciplinary consequences if issues had been discovered prior to termination of employment – Authority found if had found personal grievance, would have found applicant not entitled to remedies - Website/systems administrator |