| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal - Applicant claimed respondent used disciplinary actions to force resignation – Respondent claimed applicant resigned voluntarily – Applicant issued with verbal warning regarding poor performance at first meeting – At second meeting, respondent’s director (“F”) put allegations to applicant for answer – F gave applicant option of resigning or face disciplinary action – F claimed applicant resigned and was offered 3 weeks pay in lieu of notice however not required to work out notice period – Applicant claimed dismissed - Applicant told respondent’s manager (“K”) dismissed however K believed applicant resigned – K repeatedly advised applicant to clarify misunderstanding with F but applicant failed to do so - F sent applicant letter confirming applicant’s resignation which was not challenged – Authority found probable applicant resigned, however, if respondent’s belief erroneous, applicant took no steps to clarify situation – Found no conclusion made on allegations and no disciplinary process initiated to maintain claim – No constructive dismissal – PENALTY – Breach of good faith - Applicant sought penalty claiming respondent used allegations as threats to induce resignation – Authority found allegations not used as threats but matters to be discussed – Penalty declined – RECOVERY OF MONIES – Counter-claim – Respondent claimed applicant made false records on time sheet – Authority found evidence inconclusive – Recovery of monies declined – Fitter, Turner and Welder |