| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 272/08 |
| Hearing date | 30 Jul 2008 |
| Determination date | 01 August 2008 |
| Member | A Dumbleton |
| Representation | T Stavrovska (in person) ; J Foden |
| Location | Auckland |
| Parties | Stavrovska v Uniform Group (Auckland) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed and not fully paid commission – Respondent argued all commission paid when employment ended when applicant resigned – Applicant’s sales targets set out in employment agreement (“EA”) – Respondent engaged salesperson trainer to help applicant after indentified performance could be improved – Respondent formally requested improvement after applicant gave first business presentation – Authority noted applicant showed improvement in subsequent presentations – Respondent invited applicant to meeting after unhappy with notification provided for absence from work – Second meeting held to discuss way applicant’s performance could be improved – Respondent’s manager (“M”) asked applicant what action to take if in respondent’s position – Applicant responded would ask person to leave – Applicant then produced letter of resignation and agreed to leave immediately instead of working out notice period – M concluded because of date on letter applicant decided before meeting to resign – Respondent denied applicant pressured into resigning and purpose of meeting to discuss performance concerns – Applicant claimed negative feedback indicated respondent pressuring for resignation but accepted not asked to resign – Authority found applicant spontaneously produced resignation letter at performance meeting – Found circumstances of resignation did not give rise to personal grievance – Found nothing unreasonable or unfair in respondent’s disciplinary process – Found no constructive dismissal – Authority found no basis on which claim for commissions payments could succeed – Found applicant had not brought in new business within the wording of the EA – Account and Business Development Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Clause 10 Schedule 2 |
| Number of Pages | 6 |
| PDF File Link: | aa 272_08.pdf [pdf 24 KB] |