| Summary |
UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed constructively dismissed following breach of privacy, good faith and bullying – Respondent claimed followed good management policies – Applicant refused to follow supervisor’s (“J”) instructions – J advised Manager (“F”) of incident – F held meeting with J and applicant to discuss incident – F mentioned applicant had previous written warnings - J and applicant discussed incident privately – Applicant claimed F’s reference to warnings threat, not notified meeting disciplinary and J’s presence inappropriate – Applicant complained to Regional Manager (“P”) felt “harassed” at meeting, not allocated extra shifts and “unhappy” – P spoke with F and met with applicant and co-worker (“T”) – Both claimed unfair treatment – P advised F new manager needed time to settle in – P offered applicant position at another store for more hours –Applicant’s mother alleged bullying by F – P discussed allegation with mother and arranged meeting with F - F confirmed no bullying – P offered permanent transfer to another store - Applicant declined offer and resigned - P received second bullying allegation – P offered to pay out applicant’s final shifts - Applicant further claimed F’s discussions regarding footwear, jewellery and failure to give extra shifts bullying and harassment – Authority found no bullying, no breach of good faith, no constructive dismissal – Found meeting not disciplinary and purpose to discuss incident – Found J’s presence appropriate because applicant and J had working relationship – Found meeting had no disciplinary outcome therefore no disadvantage - Found reference to warning to remind applicant needed to follow policies and procedures – Found warning reference not breach of applicant’s privacy – Found no evidence of bullying in other claims – Found P acted in good faith – Found P arranged extra shifts, inquired whether follow up meetings with F needed, discussed option of permanent transfer – Found P discussed bullying allegation with mother and options given to applicant to resolve matters - Found resignation due to factors other than employment relations – Found rumours contributed to applicant’s unhappiness but should have discussed matters directly with F – No constructive dismissal – Barista |