| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant employed on hourly rate - However, was paid on piece work basis - Applicant and her husband complained - Respondent's response inaccurate and abrasive - Told her she had been paid correctly on basis of rooms cleaned and dismissed her husband's concern - Applicant resigned - Monies owing paid after intervention of Labour Inspector - Respondent not entitled to pay on that basis - During applicant's brief employment respondent trimmed" 24.25 hours - An employee's resignation must be a sensible and reasonable response, not an over-reaction or hasty - Resignation was hasty in the circumstances - She had at most two conversations with respondent which was not sufficient pursuit of issue to enable her to conclude that respondent would not pay her on hourly basis in future - Applicant's conclusion premature - Not constructively dismissed - Respondent was, however, in breach of agreement to pay her on hourly rate basis - May have also breached duties to advise applicant of process for dealing with employment relationship problems - If applicant had sought penalties for breaches would have considered awarding them - Cleaner" |