| Summary |
UNJUSTIFIED DISMISSAL – Applicant claimed respondent terminated employment two weeks after gave one month’s notice of resignation – Employment agreement required month’s notice of termination – During notice period, applicant called in sick and obtained medical certificate – On next working day, applicant found note from management (“F”) criticising sick leave and stating new finishing date of several days away, and stating if failed to come to work would take applicant to court and hold money – Respondent claimed applicant had conversation with unit manager (“G”) where said could not handle split shift work and agreed to suggestion that shorten working notice period, but receive pay in lieu of notice period – Applicant denied conversation with G – Applicant finished on date F advised – Applicant claimed respondent refused to pay remainder of notice period – Respondent argued only became aware applicant not paid for notice period during mediation – Authority found even if preferred G’s evidence of conversation, decision to end applicant’s employment early still unjustified – Found F’s note did more than exercise respondent’s right to pay applicant in lieu of notice, as accused applicant of taking sick leave without proper reason – Found F did not enquire as to genuineness of illness or give opportunity to provide medical certificate or other explanation before making decision – Found even if F correct that did not tell applicant would not be paid remainder of notice period, decision to end employment made on basis of assumption unjustified – Found whether or not conversation with G occurred, applicant only yielded to decision already made by F – Dismissal unjustified – Remedies – No contributory conduct - Applicant since received pay in lieu of notice and not entitled to further award for lost wages – Applicant entitled to compensation for method of communication and accusations in F’s termination of employment – $2,500 compensation appropriate – COSTS – Half day investigation meeting - Tariff basis applied – Applicant entitled to $1,000 costs - Restaurant duty manager |