Employee’s walkout not voluntary resignation

Press, 16 August 1988, Page 31

Employee’s walkout not voluntary resignation

PA Wellington A worker who told her employer to “get stuffed” and then took the rest of the day off work did not voluntarily resign, the Labour Court has ruled.

Finding in favour of the Central Clerical Workers’ Union in a claim of unjustified dismissal brought against Promance Computer Solutions, Ltd, the Court awarded the worker $2495 in lost wages and $1250 in compensation. Outlining the facts, Chief Labour Court Judge Horn said Katy-Jean Sarah Eady had had a row with her employer, Mr Colin Green.

Miss Eady had felt Mr Green was picking on her and bad language was used.

During the argument Miss Eady told her employer to “get stuffed” and left the premises.

The next morning she had returned to work at the usual time but was told by Mr Green he considered she had terminated her employment, in effect by resignation, and asked her to leave.

Judge Horn ruled Miss Eady had not resigned. He said there had been a flare-up between employer and employee. On a previous occasion when there had been an upset Mr Green had told Miss Eady to go away for the afternoon and sort herself out. “We think that is what Miss Eady did on this occasion. After a row she walked out of the office upset, sorted herself out and returned to work the next day in the normal way.” Judge Horn said when Miss Eady walked out she did not intend to leave

her employment. She had used abusive language in the heat of the incident. Mr Green did not dismiss her for insubordination, he had relied on the fact, as he saw it, that she had resigned. “While Miss Eady was not entitled to take the rest of the day off, she did not in fact abandon her employment” Judge Horn said reinstatement was not sought as Miss Eady had found alternative employment. He awarded $2495 for lost wages. The union had also sought $3OOO in compensation but the Court reduced compensation to $1250 on the basis “that Miss Eady’s behaviour at least contributed to the incident which resulted in her departure from her employment.”

No order was made for costs.