| Summary |
UNJUSTIFIED DISMISSAL - Serious misconduct - Authority found issues of credibility in both parties’ evidence - Respondent’s store manager (“R”) complained to respondent’s director (“P”) that applicant took extended breaks, gave free drinks to friends, failed to meet store’s uniform code, read books at counter, wore iPod while serving customers, and made drinks for friends while not rostered on - P directed R to arrange meeting with applicant and provide applicant with letter advising of disciplinary meeting, reasons for it and right to bring support person - Applicant claimed never received letter - Authority found no evidence letter prepared or given to applicant - Found more likely applicant learnt of meeting on day - At meeting applicant admitted giving drinks to friends but claimed co-workers did as well - Applicant walked out of meeting and returned to work after P stated applicant had attitude problem - Applicant dismissed week later - Respondent claimed irretrievable breakdown of trust and confidence - Authority found applicant not given proper notice of disciplinary meeting or opportunity to arrange support person - Found respondent surprised applicant with list of concerns at meeting - Found used applicant’s failure to provide considered responses as additional reasons to reach unfavourable conclusion - Found decision to dismiss applicant made before giving applicant opportunity to respond - Found respondent did not consider applicant’s evidence could provide receipt for one of drinks allegedly given to friend - Authority found respondent’s actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Authority accepted witness evidence applicant took unscheduled breaks, listened to iPod while serving customers, and read books or magazines at counter - Found giving away employer’s product without charge blameworthy conduct contributing to situation giving rise to grievance - Found 33 percent contributory conduct - Authority unable to identify amount of lost wages resulting from dismissal - No award for lost wages - Applicant claimed humiliated by circumstances of dismissal, felt depressed, and failed exams - Applicant accepted problems not solely due to dismissal - Authority found dismissal added to applicant’s financial pressures - Found limited evidence on what other humiliation, loss of dignity and injury to feelings applicant suffered - Award of $2,000 compensation, reduced to $1,333 for contributory conduct, appropriate - ARREARS OF HOLIDAY PAY - Applicant claimed final pay did not include holiday pay - Respondent unsure whether holiday pay paid - Authority ordered respondent to provide applicant with copies of wage and leave records, confirm whether holiday pay paid, and pay any outstanding holiday pay - COSTS - Authority found but for grant of legal aid applicant would have awarded applicant $500 costs - Barista |