| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 111/09 |
| Hearing date | 29 Jan 2009 |
| Determination date | 07 April 2009 |
| Member | M Urlich |
| Representation | R Hargreaves ; C Light |
| Location | Auckland |
| Parties | Turipa v Double R Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - Respondent claimed applicant resigned - Respondent provided contract services to provider of steel products - Applicant called to meeting at end of working day - Applicant not told subject of meeting - Present at meeting were respondent’s owner and manager (“R”) and contractor’s store manager (“A”) - R raised number of issues with applicant - R’s evidence that issues raised in informal manner with no threat of disciplinary consequences accepted - Applicant did not respond directly to issues - Told R felt being ganged up on - Conflict in evidence whether applicant told R, “stick his f…king job up his arse” - R and A claimed applicant left meeting following outburst - Applicant claimed told R “I’m out of here, I don’t need to listen to this crap” and left meeting - Next working day applicant claimed R told him had been dismissed as walked out of meeting - Applicant responded by saying had not resigned but had been dismissed - Applicant then asked for wages to be paid and told would be paid later - Applicant gave no clear reason for why had said had not resigned but been dismissed - R claimed questioned applicant as to why at work when had resigned and applicant claimed had been dismissed and then asked for wages - Authority found at meeting applicant told R believed meeting unfairly constituted and then resigned - Authority did not accept applicant’s comments were heat of the moment response, part of exchange of angry words, or said in reaction to angry words - Found words were applicant’s response to situation wished to remove himself from - Even if accepted applicant’s intention unclear at meeting, subsequent actions confirmed intention to resign - Found R’s actions those of fair and reasonable employer - Applicant resigned - Truck driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported Goddard CJ, 24 Feb 1994, WEC 3/94;Kostic v Dodd & Milligan t/a Allan Milligan Cars and/or Motorworld Systems Ltd unreported Couch J, 11 Jul 2007, CC 14/07;Monteith v Hakansson unreported Shaw J, 18 Mar 2008, WC 5/08;Wellington, Taranaki & Marlborough Clerical etc IUOW v Greenwich V.V. & C.F. (t/a Greenwich & Associates Employment Agency & Complete Fitness Centre) (1983) ERNZ Sel Cas 95 |
| Number of Pages | 5 |
| PDF File Link: | aa 111_09.pdf [pdf 22 KB] |