| Summary |
UNJUSTIFIED DISMISSAL - Respondent denied applicant dismissed - Claimed she failed to return to work after period of sick leave - Respondent claimed applicant revealed intention to resign after upset by phone call from owner - Sought confirmation of resignation in writing - Applicant denied intended to resign - Claimed only resigned when respondent requested resignation in writing - Respondent later gave applicant opportunity to reconsider resignation and applicant indicated intention to withdraw resignation - Respondent submitted believed applicant had withdrawn resignation and would return to work after previously arranged holiday - However, applicant did not return to work, believing she was not wanted and that resignation had not been rescinded by respondent - Did not attend disciplinary meeting respondent had arranged before she left for holiday - Reasonable for respondent to expect applicant to return after holiday - Applicant’s decision not to return to work not grounds for personal grievance - Respondent made attempt to contact applicant when she did not return to work - Applicant resigned - No dismissal - Claims for breaches of good faith also dismissed - ARREARS OF WAGES - Applicant sought payment for overtime - Originally paid overtime but respondent agreed to her request for time off in lieu instead - No contractual provision for such hours to be paid if time in lieu not taken before end of employment - Moreover, applicant unable to support claim for overtime worked - Medical receptionist |