| Summary |
UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed by respondent’s behaviour at and after disciplinary meeting – Respondent argued entitled to raise performance concerns and applicant unable to accept feedback so abandoned employment - At end of first day of work, respondent raised concerns about applicant’s demeanour and attitude to work – When no improvement after several weeks, and applicant coloured hair at home despite respondent’s requests not to, respondent held disciplinary meeting – In meeting, applicant did not accept problem existed – Applicant tearful when warning proposed – Meeting ended in disarray and applicant removed by support person – Respondent made numerous unsuccessful attempts to contact applicant – Three days after meeting, applicant provided medical certificate – Respondent wrote letter seeking further disciplinary meeting, stating dismissal possible outcome – Applicant raised grievance – Authority found applicant abandoned employment – Found respondent valued workplace culture and customers’ overall experiences at salon – Found respondent entitled to raise concerns about applicant’s interpersonal skills – Applicant argued respondent should have known applicant shy and serious person from three interviews – Authority accepted respondent’s argument applicant different in interviews - Found respondent did not ask applicant to fundamentally change personality – Authority found applicant not communicative with respondent following meeting – Found no breach of duty amounting to repudiation of employment agreement – Found respondent sought compliance with legitimate requirements made clear to applicant on her engagement – Found resignation not reasonably foreseeable - UNJUSTIFIED DISADVANTAGE – Applicant 19 years old – Applicant found respondent’s “pep talks” upsetting – Authority found respondent’s letter issued after applicant’s medical certificate “extraordinary” – Found letter raised new complaints not discussed in prior meeting, took issue with way applicant dealt with medical certificate, and proposed meeting time within period of illness stipulated in medical certificate – Found unreasonable pressure placed on young applicant - Found regular “pep talks” and escalation of disciplinary process not good faith actions of fair and reasonable employer in circumstances - Disadvantage unjustified - Remedies – Applicant’s unwillingness to accept that behaviour not appropriate to particular needs of workplace amounted to contributory conduct - $500 compensation appropriate - Short term employment - Less than three weeks' employment - Senior hairstylist |