| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent’s conduct coerced resignation – Alternatively, respondent’s breach of duty sufficiently serious to make resignation reasonably foreseeable – Respondent’s manager (“S”) became concerned about applicant’s poor performance after incorrect sales forecast – S requested applicant attend meeting to discuss performance matters however, applicant declined – S requested applicant to complete tasks however applicant failed to do so - S sent letter requesting applicant attend disciplinary meeting to address concerns – Applicant declined request as no specifics of concerns provided – Respondent failed to address applicant’s request for two weeks – Applicant raised personal grievance – Meeting held - Respondent explained delay due to work pressure and apologised – Explained job advertisement not for applicant’s position – Explained applicant’s job not in jeopardy - Explained respondent had concerns about applicant’s performance but did not want applicant to resign – Applicant resigned – Respondent reiterated to applicant during notice period applicant could rescind resignation – Authority found no evidence resignation coerced by respondent – Found reasonable for S to raise performance concerns, however, S’ communication manner caused applicant offence – Found respondent’s long delay in replying to applicant’s reasonable requests inappropriate – Found however, respondent under work pressure, apologised, and gave explanation for delay – Found applicant had prior doubts about whether to continue with employment at respondent – Found breaches not sufficiently serious to make employment untenable – No constructive dismissal – Manager |