| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Difficult relationship between applicant and newly employed general manager (“B”) – Inappropriate sexual liaison between applicant and B heightened tension – B and applicant discussed applicant’s further training and assistance through increased staffing - Authority found applicant and B discussed applicant’s potential, not guaranteed, promotion to management – Applicant claimed assaulted by B – No formal complaint to respondent – Respondent heard of allegation and made inquiries – B denied allegation – Respondent did not take matter further – Authority found insufficient evidence, such as corroboration, to prove serious allegation in fact occurred – Respondent received complaint from representative of large number of respondent’s customers – B held meeting with applicant about complaint – Applicant did not accept complaint and said was overworked – Authority accepted B said something needed to be done to improve sales – Authority did not accept B said intended to reduce staff or applicant was running caf� into ground – Following day, applicant attempted to collect personal items from caf�, but was called to B’s office instead - Applicant left resignation letter on B’s desk, declining to discuss – Applicant took sick leave then raised grievance – Authority found respondent not trying to obtain applicant’s resignation, especially as was considering promotion to management – Authority did not accept applicant seriously overworked as timesheets showed worked 44 hours per week – Found meeting to discuss complaint not disciplinary meeting, as no prospect of warning or dismissal – Employer entitled to conduct preliminary investigation into complaints before formal disciplinary procedure invoked – Found appropriate for B to obtain applicant’s views about complaint before deciding what action to take, if any – Found although B’s approach lacked subtlety, no breach of duty of sufficient seriousness to make it foreseeable to respondent that applicant would not be prepared to work under prevailing conditions – Authority noted not appropriate for Authority to intervene where problem is poor management style, unless behaviour constitutes breach of duty - No unjustified dismissal – ARREARS OF WAGES - Applicant claimed wages unlawfully withheld when resigned – Authority found under employment agreement respondent entitled to deduct one week’s pay as applicant did not work out notice period – RECOVERY OF MONIES – Authority found respondent ignored applicant’s reasonable requests for return of personal property – Authority ordered respondent to pay approximate dollar value of property withheld - Barista |