When employees are upset, they may blurt out “I’m leaving!” or something to that effect, which they later regret and want to retract. It may be tempting for the employer to accept the resignation and then refuse to retract it, particularly where that employee was the subject of performance or behaviour concerns, for example. However, this may be a very risky approach and could result in a personal grievance for unjustified dismissal.
Natalie Cornelius was employed as a crew member in a café in Napier. She became concerned by her employer’s practice of deducting 30 minutes wages from her pay each day. This was allegedly to cover breaks which she is adamant she was never allowed to take.
This Employment Relations Authority case is based on a sad set of background facts, but demonstrates when an employer can deem a resignation as exactly that.
Caffe Coffee (NZ) Ltd argued in the Employment Relations Authority (ERA) that its ex-employee Sune Farrimond breached the terms of his employment agreement by setting up a competing coffee roasting business. Caffe also said Farrimond had removed confidential commercial information.