| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 146/08 |
| Hearing date | 4 Mar 2008 |
| Determination date | 30 September 2008 |
| Member | P Montgomery |
| Representation | A McKenzie ; G Malone |
| Location | Nelson |
| Parties | Turner v Talleys Fisheries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed when respondent told could no longer keep job open due to illness absences – Respondent argued applicant resigned after abusing manager and leaving work premises – Applicant suffered depressive episode at workplace – Applicant admitted to hospital suffering severe depression – Applicant sought return to work on graduated basis when health improved – Respondent raised possibility of splitting applicant’s work into two segments – Respondent disagreed with applicant that could work from home – Respondent told applicant employing someone to cover applicant’s work during recovery period – Respondent told applicant would be deployed upon return – Applicant telephoned co-worker to determine whether permanently or temporarily replaced – Respondent informed by co-worker applicant acted inappropriately with customers who no longer wanted to deal with respondent – Respondent told applicant not to contact customers – Applicant claimed respondent stated could no longer keep job open – Respondent argued applicant became abusive and stormed out of office – Respondent uplifted company car, cellphone, and laptop from applicant – Authority found applicant not formally dismissed by respondent – Authority found no doubt applicant’s belief was dismissed genuine – However, clear applicant interpreted events and exchanges with respondent in low mood and then mental state – Authority found applicant’s emotional outburst did not amount to resignation – Authority found respondent not entitled to conclude applicant resigned without formal enquiry – Found employment relationship came to an end because respondent failed to clarify state of relationship with applicant – Found respondents failures deprived applicant opportunity to continue employment when returned to full health – Dismissal unjustified – Remedies – Authority balanced unjustified dismissal with applicant’s abusive outburst and discovery of emails to customers which claimed damaged respondents sales – Respondent argued took between 12 and 18 months to overcome damage to relationships – Authority found but for applicant’s medical issues email issue would have been subject of disciplinary action – Authority assessed contributory conduct at 25 percent – Authority found applicant’s illness arose prior to date claimed was dismissed – Found lost remuneration could not be because of dismissal – Found applicant suffered considerably from dismissal – Found $4,500 compensation after contribution appropriate – Sales employee for European markets |
| Result | Application granted ; Compensation for humiliation etc ($6,000 reduced to $4,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, WC 3/94, 24 Feb 1994;NZPSA v Landcorp Ltd [1991] 1 ERNZ 741;Chicken & Food Distributors (1990) Ltd v Central Clerical Workers Union [1991] 1 ERNZ 502 |
| Number of Pages | 10 |
| PDF File Link: | ca 146_08.pdf [pdf 43 KB] |