| Summary |
UNJUSTIFIED DISMISSAL – Both applicants dismissed after an argument with respondent – Respondent alleged both applicants verbally abused him during argument and first applicant physically “manhandled” him when delivering dismissal letter – Respondent did not tell applicants that their actions gave rise to concerns that could result in their dismissal or give applicants opportunity to comment on concerns – Defects in process were more than minor and resulted in applicants being treated unfairly – Duty to be responsive and communicative applies where there is doubt about the viability of employment relationship – Employment law favours ‘cooling off’ period before acting on heated exchanges – Actions following dismissal cannot be relied on to justify dismissal – Respondent did not act as a fair and reasonable employer – Dismissals were unjustified – REMEDIES: 25 per cent contributory conduct by first applicant – 30 per cent contributory conduct by second applicant – Respondent to pay first applicant $3,000 reimbursement of lost wages – Respondent to pay second applicant $5,200 reimbursement of lost wages – $6,000 compensation appropriate for first applicant – $6,000 compensation appropriate for second applicant
PENALTY – First applicant sought penalty for respondent’s unauthorised deductions from final pay – $2,000 penalty appropriate – Respondent withheld total of $4,680, being the amount the second applicant owed in rent arrears, from applicants’ final pay – $2,000 penalty appropriate
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