| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 96 |
| Hearing date | 8 Feb 2011 |
| Determination date | 11 March 2011 |
| Member | R A Monaghan |
| Representation | D Feist ; A Caisley |
| Location | Auckland |
| Parties | Farley v Intagr8 Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant resigned with effect from agreed date in order to pursue studies – Applicant claimed dismissed after told respondent accepted into university – Respondent claimed applicant requested to finish work as soon as possible to prepare for university – Respondent claimed parties agreed to termination date – Respondent believed discussion amicable – Applicant claimed upon request of written confirmation of circumstances of dismissal, respondent told applicant to draft something and respondent would sign it – Authority had reservations about both parties’ evidence – Found unlikely conversation about preparation for university occurred – Found unlikely conversation about termination occurred at same time because applicant did not receive confirmation from university until later date – Found unlikely respondent suggested applicant draft termination letter – Found parties adamant own accounts correct – Authority unable to prefer one account to another – Found unable to find on balance of probabilities dismissal occurred – Telecommunications Consultant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_96.pdf [pdf 19 KB] |