| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant recently returned to workforce after 16 year absence - Never worked in travel industry before - Dispute about hourly rate, with applicant believing been offered one rate but employment agreement providing for lower rate - Applicant experienced difficulty in employment almost immediately - Upset by Managing Director’s (“MD”) behaviour and language and absence of training for role - Management meeting where decided would put applicant under supervision of senior staff member and Administration Manager (“AD”) would discuss change in role with applicant - Same day AD met with applicant but meeting turned into discussion about whether applicant should leave, and AD never discussed proposed change in role - Meeting resulted in applicant agreeing to leave after working out notice period - Following conversation with staff member applicant formed view staff member knew she was to lose her job - Applicant indicated wished to leave immediately - Staff member denied giving applicant that impression - Authority satisfied both applicant and MD used bad language - Applicant’s allegations MD bad tempered and mercurial probably accurate representation - However, MD’s behaviour not so bad as to cause breach of applicant’s employment rights - Authority found more rather than less likely AD initiated discussion about applicant leaving - Even if that view wrong by focusing on applicant’s unhappiness and failing to discuss proposed role change potential for constructive dismissal created - Had applicant known of proposed change likely would have accepted it and continued employment - Breach of duty to applicant - Even if applicant had actually resigned, resignation in context of failure to provide her with all information - Dismissal unjustified - Applicant constructively dismissed - Applicant provided no evidence for claim owed higher wage - Wages calculated at hourly rate in agreement - Applicant entitled to reimbursement of lost wages of $3,875.08 - Award of compensation appropriate - Applicant awarded $4,000 compensation - Junior Processor |