| Summary |
UNJUSTIFIED DISMISSAL – Applicant advised respondent’s owner (“A”) that taking time off work from following day so could return to work “bubbly” – A told applicant was being selfish and inconsiderate to other staff – Applicant left – A sent text message advising if applicant not at work next day, would deduct monies owed for loan from wages – Applicant replied would be ok and final pay more than enough – A replied that applicant was finished, A had had enough and to consider employment terminated due to three customer complaints in six months – Applicant went to work following day in uniform to ensure was paid – Applicant claimed A abusive, confirmed dismissal and told applicant had received complaints – A claimed discussed time off work and asked applicant to get medical certificate – Authority found in either case A did not undo action of dismissing applicant – Applicant provided doctor’s certificate advising on stress leave until reassessment following week – A claimed told applicant to keep uniform and no problem or reason to provide her with letter or employee file – A wrote to applicant acknowledging medical certificate, apologised for abrupt manner and stated hoped applicant would return to work when fit and able – Applicant went on two more weeks stress leave with medical certificate – Applicant raised grievance – Authority found fair and reasonable employer would not have terminated applicant’s employment by text message – Authority found if A considered applicant had agreed to return to work, and was to provide medical certificate to take time off and return when recovered, A did not properly recover the situation – Found applicant adamant A confirmed dismissal, but no witnesses and A denied – Found fair and reasonable employer would have retracted in writing a dismissal by text message – Found action disadvantaged applicant because applicant left work without clear indication A wanted her to return to work, until A’s letter two days later – Found letter not enough to satisfactorily retract and recover the situation – Unjustified dismissal - Remedies – No contributory conduct – Authority found but for respondent’s actions, applicant would have returned to work after sick leave – Found applicant entitled to lost wages for two weeks and one day’s wages from end of sick leave until started new job – Found hurt feelings also attributable to break up of personal relationship – Compensation of $3,000 appropriate - Retail floor manager |