| Summary |
UNJUSTIFIED DISMISSAL - Applicant claimed manager made offensive comment to him - Manager outraged, denied making comment and suggested he go to police - Manager any disagreement settled in latter conversation - Applicant claimed could not treat comment as joke and over following weeks felt too sick to work - Also, not paid minimum hours - Resigned and denied receiving written warning for failure to attend work or letter inviting him to mediation - Applicant should have reasonably noted from employment agreement that mediation available to resolve differences and an alternative to leaving - Applicant had previously not been paid for minimum hours but did not resign and matter resolved - Offensive comment and non-payment of wages sufficiently serious reasons for resignation - Foreseeable employee would not put up with behaviour - However, wages previously topped up without applicant resigning and applicant had not established manager made offensive comment - No constructive dismissal - ARREARS OF WAGES AND HOLIDAY PAY - RECOVERY OF MONIES - Applicant entitled to balance of wages as regularly paid for minimum hours during employment - Applicant's evidence took no holidays in advance not challenged - Parties agreed to offset sum applicant owed respondent - COSTS - Applicant sought contribution of $3,000 to costs - Put to unnecessary costs and delays due to respondent's conduct - Although personal grievance unsuccessful, respondent had opportunity to put position prior to investigation meeting and avoid need to cover wider issues - Applicant very genuine in claim and it turned on credibility - $3,000 costs appropriate |