| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant’s employer jointly owned by two businesses (“C” and “M”) - Applicant’s father was shareholder in C - Applicant claimed during negotiations for sale and purchase of business, M stated preferred that no member of applicant’s family be employed under new ownership – As term of sale and purchase agreement, applicant’s parents withdrew from business – Applicant claimed respondent’s incoming management targeted applicant, so applicant had no choice but to resign – Respondent argued C initially insisted on applicant’s redundancy during transfer, but later changed view and promoted applicant being retained by respondent – Authority found insufficient evidence of coercive conduct by respondent leading to resignation – Found applicant under new management for one day before resigning, and incidents complained of not sufficiently serious – Found swearing and joking conduct common in workplace, not personal attack – Found in final meeting, respondent accepted that applicant had some valid concerns regarding potential displeasure by senior company executives at applicant remaining employed – However, found respondent put concerns to rest and reaffirmed employment – Authority noted applicant’s credibility adversely affected by applicant not requesting permission to tape record meeting, and by applicant and father falsely filling in applicant’s parental leave application – Found respondent did not breach obligations to applicant and resignation not foreseeable – No dismissal - Weighbridge operator |