| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed Managing Director (“L”) performed “character assassination” of applicant in regular annual performance meeting – At end of meeting, applicant told L that L had made it clear that applicant not wanted, then resigned – Applicant confirmed resignation by email, stating resignation was consequence of L having destroyed trust and confidence in relationship – Authority found behaviour prior to dismissal meeting did not assist in determining whether applicant was constructively dismissed, other than providing setting – Applicant described L as manipulative, dismissive and bullying of applicant during employment relationship – L conceded that saw applicant as leader in staff’s negativity towards L regarding L’s alleged treatment of co-worker who resigned (“F”) – Authority found no evidence that L or respondent failed in obligations to applicant up until meeting – Authority found L began meeting by raising problems other staff had with applicant, including “culture of gossip” and applicant’s behaviour relating to F’s resignation – L demanded details of applicant’s discussions with F about F’s circumstances – Applicant and F referred to L’s approach as aggressive – F witnessed meeting and was of opinion L should have terminated and rescheduled meeting due to applicant’s distress – Authority found on balance of probabilities that applicant’s resignation was direct consequence of hectoring and aggressive tone adopted by L in meeting – Found L did not attend meeting with dominant purpose of forcing applicant out of employment – However, L breached duty creating inevitable and foreseeable consequence of applicant’s resignation – Respondent obliged to treat applicant fairly and decently, irrespective of applicant’s shortcomings – Remedies – Applicant’s gossip and bad-mouthing of L contributed to situation – 30 percent contributory conduct – Applicant on sickness benefit for six months after employment ended – Applicant attributed ill health to respondent – No claim for lost wages as incapable of work – In particular unusual circumstances, Authority considered evidence of depression and loss of confidence in global compensation award – Advertising Area Manager |