| Summary |
UNJUSTIFIED DISMISSAL - Applicant claimed dismissed during meeting with respondent’s director (“B”) - Respondent claimed applicant not dismissed, rather abruptly left worksite saying would call following day but never did - Applicant and his sister provided support and care for their mother - Month before alleged dismissal applicant had discussion with B about whether could keep working hours had been and making out of town trips but no decisions reached - B recorded disputed meeting without applicant’s knowledge - Authority found was clear from recording B wanted applicant’s agreement to ending his employment, preferably that day - B accepted applicant did not resign as such during meeting - Applicant had said would call respondent next day but changed mind after came to believe had been dismissed - When had not heard from applicant following day and had heard that B believed had been dismissed B sent applicant letter - Found while B did not accept had dismissed applicant did was no invitation to return to role - Authority not satisfied applicant resigned - Found applicant dismissed during meeting and then dismissal confirmed in letter - Found B not clear, open and transparent about what wanted from applicant, which was not good faith behaviour - Found fair and reasonable approach would have been to arrange suitable time to hold meeting to discuss whether applicant could continue in role - Respondent’s actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - No contributory conduct - Applicant sought 13 weeks lost wages - Applicant gave evidence did not really look for another job due to mother’s illness - Authority considered whether applicant would have remained in employment for three months and that took on full time carer role and insufficient mitigation of loss - Found eight weeks reimbursement of lost wages appropriate - Applicant initially sought $25,000 compensation but reduced sum claimed to $12,000 - Applicant claimed felt stressed as had no job and concerned for financial future - Claimed suffered from headaches and dizzy spells and that was worrier by nature - Authority accepted applicant distressed - Took into account uncertainty about applicant’s future with respondent given applicant’s mother’s illness - $6,000 compensation appropriate - Sales representative |