| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Authority preferred respondent’s evidence due to applicant’s lack of credibility – Applicant claimed unfairly picked on with deliberate and dominant purpose of coercing resignation – Respondent claimed acted in good faith at all material times – First incident occurred when applicant objected to completing “unsightly” work – Applicant raised concerns to supervisor (“S”) – S consulted architect and advised applicant to continue – Applicant refused – Management team (“MT”) held meeting to ascertain what happened at incident – Applicant refused to sign minutes of meeting claiming minutes inaccurate – Applicant further claimed was victimised on several occasions – First, S warned applicant not to reduce productivity – Second, applicant treated differently following incident regarding co-worker’s missing hard-hat – Third, applicant did not receive safety boots when requested – After meeting, applicant took time off work without informing S – Applicant requested transfer to another worksite – Second incident occurred between S and applicant regarding applicant’s unexplained absences – S asked applicant to return to worksite however applicant left worksite – The following day, Director advised applicant could not transfer and applicant had to return to workplace to resolve issues with MT – Applicant raised personal grievance and resigned – Authority found first incident did not amount to conduct designed to coerce resignation – Found applicant entitled to raise concerns as an experienced electrician, however instructions to complete work lawful and reasonable – No health and safety standards breached and applicant not forced to do work against will – Found respondent entitled to request applicant to inform them of absences – Found no evidence to support first two victimisation claims – Found failure to provide safety boots amounted to breach of duty however breach not sufficiently serious to make resignation reasonably foreseeable – Dismissal justified – Electrician |