| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - Employment status - Employment agreement and associated paperwork stated casual employee - Evidence did not support applicant's claim pressured into signing agreement - Rosters showed features of regularity - Respondent's evidence applicant employed mainly to cover absences rather than as permanent employee accepted - Evidence supported by fact applicant offered permanent position shortly before employment ended - Applicant casual employee - Holiday pay identifiable component of pay - No other award appropriate - Applicant met with manager after complaint received - Not disciplinary meeting - Applicant very upset by raising of complaint - Her comments regarding way business run, and manager's response applicant not happy in junior position, probably not wise - Applicant advised could no longer work for manager - Evidence manager suggested applicant resign unreliable - Respondent believed applicant resigned, but contacted her after cooling off period - Applicant advised wanted her job - Parties attempted to arrange meeting but applicant did not return calls - Applicant not straight forward with evidence to Authority - Denied respondent tried to contract her, but she had actually started new job - No evidence applicant coerced to leave - Not unreasonable for respondent to raise complaint with applicant - Applicant seemed prepared to return to work after cooling off period - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Applicant's claim asked to spy on colleagues not supported - No evidence applicant disadvantaged by lack of proper induction - Advice to close shop to take breaks a practical solution, even if applicant not happy about it - Supply of product for sale an operational matter, not unjustified action - No personal grievance - Cafe worker |