| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 120/09 |
| Hearing date | 23 Jul 2009 |
| Determination date | 31 July 2009 |
| Member | J Crichton |
| Representation | F Donaldson ; J & R Nichol |
| Location | Christchurch |
| Parties | Donaldson v Adventure Travel Specialists |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following altercation with respondent – Respondent argued applicant resigned and declined opportunities to withdraw resignation – Meeting held to discuss employment agreement (“EA”) - Altercation occurred between parties over whether EA allowed respondent to escape obligation to pay employees in certain circumstances – Respondent claimed clause did not affect respondent’s obligation to pay employees and issue explained to applicant before employment commenced – Respondent discussed performance issues without giving applicant prior warning – Applicant became intemperate, advised respondent “why don’t we forget all about it” and then confirmed statement meant resignation – Respondent advised applicant to think about decision but applicant re-confirmed resignation – Applicant subsequently emailed respondent threatening personal grievance – Applicant returned to workplace and respondent asked whether applicant wanted to resign – Applicant threw uniform at respondent – Respondent accepted applicant’s resignation in writing – Authority preferred respondent’s evidence on meeting – Found applicant did not use “I quit” or “I resign”, however, conveyed intention to resign through actions and subsequent email – Found applicant given opportunities to withdraw resignation – Found respondent’s failure to give notice remedied by applicant’s own insistence performance matters be discussed - No dismissal – COUNTERCLAIM – Authority found counterclaim without substance – COSTS – Costs to lie where they fall - Bus Driver |
| Result | Application dismissed ; Counterclaim (dismissed) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | ca 120_09.pdf [pdf 27 KB] |