| Summary |
UNJUSTIFIED DISMISSAL – Applicant claimed dismissed following argument with respondent’s manager (“S”) – Applicant claimed abusive language by S for refusal to carry work material in private vehicle amounted to dismissal – S argued frustrated applicant failed to follow instructions and told applicant to go home and “reflect” – Applicant did not return to work – Applicant’s parents argued told by respondent’s second manager (“F”) that applicant was “not to come back” – S and F visited applicant’s home where argued took as resignation applicant’s statement would not be returning to work as had new job – Applicant denied resignation, sought unpaid wages, and claimed taking personal grievance – S and F argued applicant not paid because failed to hand in timesheet – S and F’s evidence preferred – Authority found more than likely applicant sent home early to “reflect” – Found no witnesses to collaborate applicants claim that dismissed – Authority found even if applicant sworn at by S, not enough to conclude had been dismissed – Found evidence did not prove respondent purposefully tried to get applicant to say resigned – Found reference to resignation incorrect because resignation denied and no evidence of actual resignation – Found applicant should have been given opportunity to respond and work out facts required by respondent – Found no dismissal given applicant decided not to return to work upon receiving advice had personal grievance – No dismissal – UNJUSTIFIED DISADVANTAGE – Authority found sending away of applicant unjustified as without consultation, unilaterally decided, and applicant had no input – Found respondent also failed to plan disciplinary meeting that said would have – Found S’s actions tantamount to suspension without pay – ARREARS – Authority did not accept respondent’s argument for failing to pay wages and holiday pay – Found failure to pay was unlawful – Respondent ordered to pay of wages and holiday pay agreed to by parties – Compensation not appropriate – COSTS – One day investigation meeting – Applicant put to unnecessary cost to obtain lawful entitlement – Respondent to pay $980 contribution to applicant’s costs – Driver/worker |