When has an employee resigned?

​In a recent case in the Employment Relation Authority, an employer was found to have unjustifiably dismissed an employee after a work incident.  The employee in question had a verbal altercation with a colleague during a shift, the argument was heated and resulted in the supervisor sending the employee home.  The employee mistakenly believed that she had been dismissed. 
The Authority member who heard the case outlined in her judgement that the onus was on the company to contact the employee after this incident.  The employer was ordered to pay the employee 3 months lost wages and hurt and humiliation compensation of $7,000 reduced by 50% for the employee’s contribution. 
So, how can you get it right?

1. If you send an employee home after something happens at work, make sure that they know why – if it is to cool off before discussing what happened, let them know this.
2. If they do not come to work on their next shift, make sure that you try and contact them. 
3. If you are unable to contact them by phone or text, then you may need to send them a letter requesting that they contact you
4. If you still can’t make contact, they may have abandoned their employment and we can work through that process together.

 
Don’t assume that an employee that doesn’t come to work has resigned and never suggest resignation to an employee in any circumstances.
If you have any questions, or need advice, give us a call we would love to help. 

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