| Summary |
UNJUSTIFIED DISMISSAL – Applicant sent text message to respondent advising not attending work as sick – Applicant claimed respondent telephoned back and said applicant lied, not to come in at all, and did not want her – Applicant claimed dismissed by telephone – Respondent denied dismissing applicant – Applicant accepted may have misunderstood respondent – Following day, applicant’s father (“S”) went to workplace to clarify phone conversation – Respondent raised concerns about applicant’s work performance with S, but S still unclear about applicant’s employment status – Following day, applicant delivered medical certificate to respondent stating fit to return to work in two days – Applicant also delivered letter seeking meeting to clarify employment status and requesting copy of employment agreement – Applicant and support person (“H”) claimed applicant dismissed during meeting – Same day, S met separately with respondent, but left meeting unclear about applicant’s employment status – Applicant wrote to respondent alleging respondent confirmed dismissal in meeting – Respondent replied not dismissed but elected to end employment relationship by mutual agreement – Authority found subsequent events confirmed applicant not dismissed in telephone call – Found applicant delivered medical certificate to respondent advising fit to work in two days – Found applicant and S’s letters confirmed uncertainty in employment status – Found discussion between H and respondent at cross purposes – Applicant advised Authority did not attend work on date stipulated in medical certificate because conflicted and scared would make scene – Authority found tension arose from miscommunication – No dismissal – Authority found applicant’s letter could be read as assertion that constructively dismissed – Found respondent raising performance issues was inappropriate and caused more confusion, however was defensive reaction to applicant’s dismissal allegation – Found alleged performance issues no barrier to applicant returning to work upon expiry of medical certificate – Found applicant chose not to return to work – No constructive dismissal - Caf� assistant |