| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 151/09 |
| Hearing date | 27 Aug 2009 |
| Determination date | 09 September 2009 |
| Member | H Doyle |
| Representation | C O'Driscoll ; P Shaw |
| Location | Timaru |
| Parties | McMillan v Timaru District Council |
| Summary | RAISING PERSONAL GRIEVANCE – Whether applicant barred from pursuing personal grievance because received accord and satisfaction by virtue of signed resignation letter and subsequent payment of four weeks in lieu of notice – Applicant argued constructive dismissal – Respondent claimed barred from bringing personal grievance by virtue of resignation letter signed by applicant – Respondent argued received accord and satisfaction of claim – Respondent tried to encourage applicant to accept final warning with conditions – Applicant advised respondent of resignation – Respondent offered payment in lieu of notice – No evidence payment would resolve matter or be full and final settlement of matters arising out of employment relationship – Respondent argued applicant’s resignation of own volition after receiving advice – Respondent had applicant sign letter authorising letter of resignation be drafted on behalf – No dispute four weeks payment in lieu of notice made to applicant – Authority found no agreement in full and final settlement of matters relating to applicant’s employment relationship – Found applicant not prevented from proceeding with personal grievance – Found applicant did not receive accord and satisfaction of claim by virtue of signed resignation letter – Animal control officer |
| Result | Application granted ; Orders made ; Costs reserved |
| Main Category | Raising PG |
| Cases Cited | Abernathy v Dynea NZ Limited [2007] ERNZ 462;Graham v Crestline Pty Ltd [2006] ERNZ 848;Harris v Birchwood Farm Holdings Ltd [2002] 2 ERNZ 392 |
| Number of Pages | 8 |
| PDF File Link: | ca 151_09.pdf [pdf 30 KB] |