| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed felt forced to resign and that respondent failed to honour offer to pay gratuity for 36 years of service – Respondent argued applicant refused offer and resigned – Applicant 8 months from retirement when resigned – Respondent concluded applicant mishandled fraud investigation of client – Manager (“W”) met with applicant to express concerns about handling of client – Next day applicant told W happy with way handled client, would do same again and conduct no different to any other file – W concerned applicant could not see mistake or obstructive by failing to apologise - W told applicant had option of retirement with gratuity payment of up to one year’s salary due to long service, or disciplinary process where dismissal possible outcome – Applicant alleged unjustifiably disadvantaged by W’s investigation – Applicant requested apology and offer of gratuity rather than disciplinary action, and said would use W’s comments to claim constructive dismissal if resigned – Applicant took 6 weeks sick leave claiming distressed by W’s comments – Applicant wrote in further letter that return to work unrealistic, claimed gratuity, lost earnings until planned retirement date and compensation for hurt and humiliation – Respondent sought to convene disciplinary meeting for date applicant to return to work – Applicant submitted notice of resignation, claiming W forced him to leave 8 months earlier than intended – Applicant consistently denied errors in handling client’s case - Authority found applicant overlooked important basic step in inquiry and rushed to judgement of client’s actions – Found applicant provided no explanation of why omitted to contact local bank officer when required – Found weight added to conclusion that applicant’s enquiries deficient by applicant’s admission to co-worker – Fair and reasonable employer would be concerned employee maintained would act same way again after mistake properly identified – W legitimately concerned effect disciplinary process could have on gratuity, so opted for compassionate solution – Found applicant risked choosing to seek more by raising personal grievance – Respondent’s apology to client did not mean predetermined – Considering length of service, proximity to retirement and obvious mistake in handling of client, fair and reasonable employer would have given employee opportunity to resign and receive full gratuity – Respondent’s offer justified – Respondent entitled to initiate disciplinary action when offer rejected and personal grievance raised – Applicant’s decision to resign rather than pursue issues through disciplinary process did not amount to constructive dismissal – Applicant claimed that having resigned, now entitled to gratuity payment offered at outset – Authority found applicant’s counter-offer rejected respondent’s offer – Applicant could not rely on original gratuity offer - Bank fraud investigator |