| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed resignation caused by respondent’s breach of term of employment regarding provision of company vehicle – Respondent denied provision of company vehicle was employment term and denied resignation was dismissal – Applicant claimed immediate manager (“W”) promised company vehicle in interview – Term not recorded in employment agreement (“EA”) – Conflict in evidence – W declined applicant’s requests for vehicle – Applicant resigned, claiming vehicle reason – W offered co-worker’s unused vehicle as stop gap until alternative vehicle found – Applicant found vehicle in poor state of repair with no warrant of fitness – Applicant decided resignation would stand - Authority accepted applicant believed entitled to vehicle, but belief not result of express promise or agreement by respondent - Authority found provision of motor vehicle not term of employment – Found vehicles from company pool available to applicant if required – Found respondent handled offer of alternative vehicle carelessly but applicant did not allow respondent opportunity to obtain suitable vehicle – Found applicant already decided to resign – Authority rejected claim resignation caused by breach of duty by respondent – No dismissal - PENALTY – Applicant sought penalty against respondent and W personally for failure to provide vehicle as part of remuneration package – Authority found no entitlement to full personal of company vehicle – Applicant sought penalty for respondent providing unroadworthy car and consequent breach of health and safety obligations – Authority found respondent should have taken better care, but penalty not warranted – Applicant sought penalty for failure to pay mileage applicant accrued in own vehicle – Authority accepted applicant used vehicle for company business, and may have been entitled to seek reimbursing payment under EA – However, Authority found having failed to seek payment at time, applicant could not seek to penalise respondent for failure to pay – Traffic Management Plan Draftsperson |