| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 127/09 |
| Hearing date | 6 Nov 2008 |
| Determination date | 21 April 2009 |
| Member | L Robinson |
| Representation | M Nutsford ; C Bennet |
| Location | Auckland |
| Parties | Schoonebeek v Albany Insurance Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following forced resignation – Respondent claimed resignation voluntarily – Parties agreed applicant could start work late for two months while mother recovered from injury – Director (“H”) knew date of recovery and when applicant able to resume normal start times – Co-director (“B”) subsequently became unhappy about arrangement because impacted on applicant’s work performance – B asked applicant offensive question about applicant’s mother – Altercation occurred - B asked applicant to commit to regular start time – Applicant could not make commitment because of existing situation and stated would resign if pressured to – Applicant verbally resigned – B prepared resignation letter, asked applicant to sign and requested applicant – to leave immediately – Applicant not required to work out notice period – Applicant left workplace distressed – Authority found respondent’s breach of good faith sufficiently serious to make resignation reasonably foreseeable – Found B’s question offensive and contributed to deterioration of employment relations – Found respondent’s behaviour initially supportive but transformed into resentment and hostility – Found respondent knew applicant’s situation therefore unfair to compel applicant to commit to regular start time – Found respondent’s concerns regarding poor performance not put to applicant in appropriate manner – Found respondent’s actions designed to procure resignation and intentionally not provide opportunity to retract resignation – Applicant verbally resigned in “heat of the moment” therefore invitation to retract resignation should have been given – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of 3 months lost wages – Found insufficient evidence applicant mitigated loss by obtaining new employment to justify greater award – Found $6,000 compensation appropriate – Data processor |
| Result | Application granted ; Reimbursement of lost wages ($11,000)(3 months) ; Compensation for humiliation ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124;ERA s128(2) |
| Number of Pages | 9 |
| PDF File Link: | aa 127_09.pdf [pdf 32 KB] |