| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - UNJUSTIFIED DISADVANTAGE - Applicant gave one week notice of resignation - Had been employed for two months and still within probationary period - Claimed constructively dismissed, or alternatively, suffered unjustified disadvantage - Employment agreement allowed for either party to terminate agreement with one week notice during probationary period - Employer could pay employee pay in lieu of notice and not require employee to work out notice period - Applicant took Friday before final week of work off - Employer believed applicant would not return to work out notice period - Applicant told had choice whether to work out notice period or not, and that holiday pay already paid - Applicant not encouraged to stay, and not told about notice clause or that would receive week’s pay for notice period even if did not work - Applicant indicated wished to work out notice period as believed would not be paid if did not work - Several incidents made applicant feel uncomfortable - Informed employer no longer wished to work out notice period - Applicant’s handbag checked for company property - Authority found respondent would have found it easier had applicant not returned to work - Found applicant’s impression not welcome in workplace reasonable and accurate - Initially applicant not paid pay in lieu of notice, however had since been paid - Authority satisfied applicant suffered disadvantage as respondent’s conduct unjustified and made workplace uncomfortable - However, conduct not sufficiently serious to give rise to constructive dismissal - Unjustified disadvantage - Remedies - Employment relationship problem not overly serious - Respondent partly rectified wrong by paying pay in lieu of notice - Only nominal award required - Compensation of $500 appropriate - No other remedies awarded - COUNTERCLAIM - Respondent claimed applicant misrepresented computer skills - Sought damages for costs incurred in additional training - Applicant claimed had “good” computer skills - Respondent provided no benchmark to compare skills to, therefore subjective assessment - In such circumstances unable to find applicant misrepresented herself - Even if had, respondent effectively reaffirmed employment agreement by continuing employment and providing further training after realised skills not at required level - Counterclaim dismissed - Telemarketer |