| Summary |
UNJUSTIFIED DISMISSAL – Applicants claimed unjustifiably dismissed or constructively dismissed – As applicants inexperienced farm managers, respondent engaged consultant (“F”) to provide support - Applicants refused to sign individual employment agreements because first applicant took issue with job title – Authority found applicants’ problems with cleanliness of house provided were addressed at time – F visited farm and provided respondent with report – Authority accepted F’s evidence of no indications applicants lacked training, assistance or suitable equipment to complete tasks – First applicant claimed wrote two letters complaining about farm, equipment, particularly tractor, and that abused by respondent’s son – Respondent claimed did not receive complaint letters – Authority found letters not received by respondent – Found new tractor ordered but not yet delivered – Authority preferred respondent’s evidence of incident with respondent’s son, finding first applicant’s recollection exaggerated – Second applicant fell ill and unable to work - Respondent arranged meeting between F and first applicant to discuss how coping with second applicant’s absence – Respondent and first applicant had argument – Respondent claimed first applicant resigned – Respondent visited applicants’ house to ask if resignation final decision and for written confirmation – First applicant advised would not put anything in writing and to deal with lawyer – F held meeting with applicants – First applicant would not confirm resignation, but advised F notice handed in – Meeting also discussed alternative options in running farm – Applicants discussed options in private then resigned – Authority found no actual dismissal – Found at meeting with F, applicants had options to continue employment on farm or resign – Found no evidence respondent embarked on course of conduct with purpose of coercing resignation – Found evidence showed respondent took steps to ensure applicants supported throughout employment – Found no breach of duty – Found respondent took steps to provide support and assistance to applicants – Found at final meeting respondent attempted to address first applicant’s resignation and find way forward - No constructive dismissal – Farm managers |