| Summary |
ARREARS OF WAGES - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed resignation was constructive dismissal - Applicant wanted Authority to resolve issues about restructure, new contract, loss of wages, bullying and humiliation - Applicant’s written individual employment agreement (“IEA”) stated applicant salaried employee and contained clauses relating to redundancy - While applicant on sick leave for injury informed would be restructure - Respondent proposed kitchen positions to become part time with flexible hours and employees to be paid hourly wage - On applicant’s return to work new roster implemented and applicant paid hourly wage - Applicant given new employment agreement - Offer expressed to be subject to applicant signing it - Applicant never signed new agreement - Authority found was genuine need to restructure for financial reasons - Found applicant spoken to about reasons for restructure and new employment agreement - Found applicant had time to take new agreement away and consider it - Found while applicant initially satisfied with new agreement provided could receive 35 to 40 hours a week became unhappy when respondent could not guarantee hours - Found applicant did not agree to new position and change to existing terms and conditions of employment - Found as applicant kept raising concerns respondent should have been aware applicant had not agreed - Found respondent could have made applicant redundant - Found terms and conditions of IEA continued to apply throughout period applicant paid on basis of new agreement - Applicant to be paid shortfall in wages for period from which paid as wage worker - Quantum to be determined by parties - Leave reserved to return to Authority if unable to reach agreement - IEA provided for staff incentive scheme in form of bonus at end of year of continuous service - Applicant sought payment of bonus - Respondent stated would not receive bonus until signed new employment agreement - Found no dispute applicant owed bonus - Interest awarded - Authority found had been difficulties in parties employment relationship and respondent had concerns about applicant’s performance, time keeping, and cell phone use - Applicant received written warning for cell phone use - Applicant issued with trespass notice after another staff member complained felt threatened by comments applicant made - Authority not satisfied trespass notice was reason for resignation as served on applicant after resignation decision made - Found applicant’s resignation resulted primarily from reduction in hours and growing dissatisfaction with respondent - Found respondent unilaterally altered applicant’s employment - Found breaches serious enough to make it foreseeable applicant would not be prepared to work in those conditions - Found applicant constructively dismissed - Remedies - Authority accepted applicant became dissatisfied with employment and was change in her attitude and ultimately relationship may not have continued for long period - $3,500 compensation appropriate - Applicant found alternative employment so reimbursement of lost wages not sought - Head chef |