| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | CA 170/09 |
| Hearing date | 7 May 2009 |
| Determination date | 09 October 2009 |
| Member | P Montgomery |
| Representation | A Sharma ; M Kirk |
| Location | Nelson |
| Parties | Goodfellow v Building Connexion Ltd t/a ITM Building Centre |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustified dismissal as result of email sent to general manager – Applicant argued email not resignation because conditional upon reply from general manager – Respondent claimed no dismissal as applicant resigned – Applicant caused respondent to lose customer – Customer complained to general manager and sought compensation for loss of opportunity – Confidential settlement reached between respondent and customer – Applicant found out about settlement and subsequently emailed general manager stating if such settlement was reached he would resign – Respondent accepted resignation – Applicant argued respondent took wrong message from email – Authority found resignation conditional but condition met – Found applicant resigned – Found applicant took no immediate steps to correct misunderstanding about resignation – No unjustified dismissal – Branch manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94 |
| Number of Pages | 8 |
| PDF File Link: | ca 170_09.pdf [pdf 29 KB] |