| Summary |
UNJUSTIFIED DISMISSAL - Redundancy - Applicant’s father (“X”) represented applicant in disciplinary proceedings - Respondent formed adverse view of X - Argued X’s conduct abusive, threatening, bullying and intimidating - Respondent believed X attempted to frustrate processes and destroy employment relationship - Respondent determined applicant and another employee likely candidates for redundancy - Applicant provided with report on restructuring and advised of consultation period - Applicant dismissed for redundancy before end of consultation period - Respondent provided little evidence to support claim of X’s alleged behaviour - Found respondent considered X’s conduct in dismissal decision - Found respondent findings could not justify pre-empting applicant’s right to consultation - Found no proper consultation - Found time period proposed for consultation too short - Found were improper motives for terminating employment - Found redundancy not justifiable substantively or procedurally - Dismissal unjustified - Remedies - No contributory conduct - Found applicant upset and humiliated by dismissal - Found aggravating factors included failure to give reasons for dismissal, short consultation period, requirement applicant leave premises immediately, and later raising of personal matters in attempt to humiliate and embarrass applicant - Award of $10,000 appropriate - Applicant entitled to reimbursement of lost wages - Respondent to provide wage and time records to enable Authority to determine amount - Sales/Customer Support Representative |