You can take this job and …
February 19, 2009 by Shane BorerPosted in: "Would you want this person in Finance?", Contract disputes, In this week's e-newsletter, Latest news & views, Worker's comp
An obscenity-laced tirade against your boss isn’t the same as resigning from your job, according to this ruling.
Wayne and Valerie Davis, managers of a Toolking Plus shop in Hamilton, New Zealand, successfully argued they were unfairly fired from their positions. After store director Neil Edge approached the duo about their performance, Wayne launched into a heated exchange that ended with him saying Edge could “stick his job up his arse.”
According to the local authority, a fair and reasonable employer would have realized the Davises didn’t intend to immediately resign from their positions. To be sure their resignation was clear, Edge should have approached the couple the next day to clarify their intentions.
Because Edge didn’t warn the Davises about the performance concerns beforehand and no disciplinary process was followed, their termination was unjustified. The authority awarded Wayne Davis $8,450 in lost earnings and $6,000 compensation for distress, while Valerie Davis was given $2,739 for lost earnings and $6,000 for distress.
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Tags: Compensation, Lost earnings, Performance concerns, Resignation

