| Summary |
UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiably dismissed - Respondents claimed applicant abandoned employment - Respondents were husband (“M”) and wife - Applicant failed to start work at required time - M received texts from applicant claiming ill and attending doctor - After further enquiries respondents concluded applicant hungover - Applicant covertly recorded discussions when parties discussed when applicant returning to work - M swore at applicant during discussions - Applicant removed some possessions from his accommodation on respondents’ property - Applicant’s lawyer advised respondents had no grounds to dismiss applicant, if did, would raise personal grievance, seek mediation and suggested $5,000 appropriate remedy - Respondent concluded being set up - Applicant dismissed for abandoning employment - Authority found unlikely applicant as ill as claimed - Found applicant led M to believe returning to work - Found likely applicant not intending to return - Found parties should have discussed matters rather than respondents concluding applicant abandoned employment - Found respondents wrongly applied abandonment of employment provisions in employment agreement - Found respondents’ actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Found applicant’s failure to communicate intentions about returning to work contributed to situation giving rise to grievance - Found possibility applicant had no intention of returning to work and attempted to manipulate situation - Authority considered applicant only 18 years old and M’s intimidatory language - Found 60 percent contributory conduct - Reimbursement of eight weeks lost wages less applicant’s earnings from part time work, subject to contribution, awarded - No evidence applicant suffered humiliation, loss of dignity or injury to feelings - Found applicant relaxed about circumstances - No compensation awarded - RECOVERY OF MONIES - Counterclaim - Respondents claimed overpaid applicant wages and holiday pay - Overpayment of wages claim not established - Overpayment of holiday pay claim established - Applicant to repay sum - COSTS - Authority found appropriate case for costs to lie where they fall - Dairy Farm Worker |