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Dismissal unjustified after settlement agreement changed…

An employee’s personal grievance for unjustified dismissal has been upheld by the Employment Relations Authority.

The parties had a falling out and met to try to reach agreement.  A settlement agreement was drawn up and agreed.  When the typed agreement was then later presented to the employee to sign it contained new clauses not previously discussed.  The employee refused to sign.

The employer proceeded on the basis that the employee had agreed to resign.  The ERA held that there was no resignation.  The new clauses were never agreed so the resignation never took effect.  Five weeks wages plus $2,000 compensation were awarded. If you need help sorting out employment differences please call me on (04) 473 6850.