Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 73/09
Hearing date 24 Apr 2009
Determination date 02 June 2009
Member J Crichton
Representation M Thomas ; N Soper
Location Invercargill
Parties Leask v Sanford Ltd
Summary UNJUSTIFIED DISMISSAL – Applicant claimed resigned then withdrew resignation, but respondent declined to accept withdrawal – Respondent denied applicant ever withdrew resignation – Factory machinery broke down – Respondent sought meeting with applicant to discuss inconsistencies in versions of break down – Applicant resigned giving one month notice period – Disciplinary meeting proceeded despite resignation – Applicant obtained medical certificate for sick leave for rest of day as blood pressure extremely high – Applicant claimed advised manager (“S”) that did not want to leave job, and claimed S encouraged applicant to rethink resignation – S denied applicant ever indicated regretted resigning – S gave applicant letter confirming acceptance of resignation – Respondent’s management gave evidence no withdrawal of resignation ever reported to any management staff – Authority found both applicant and S credible witnesses – Found weight of evidence supported S’s account – Found even on applicant’s evidence, applicant did not explicitly withdraw resignation – Found applicant only talked about possibility of withdrawing resignation – Found applicant did not convey message to respondent – No dismissal - Quality control supervisor
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Number of Pages 8
PDF File Link: ca 73_09.pdf [pdf 25 KB]