| Summary |
UNJUSTIFIED DISADVANTAGE – Applicant claimed suffered unjustified disadvantage due to workplace bullying – Respondent owned and operated by husband (“T”) and wife (“L”) - Applicant claimed blamed for turning off oven timer leading to spoilt food when had not done so – Claimed L took offence when had to ask her to repeat herself - Claimed T would push or elbow her out of way when working in kitchen - Claimed was day when T and L did not speak to her – Claimed was blamed for poor report following visit from health inspector - Applicant went on sick leave following heated discussion about whether applicant had properly washed potatoes – Applicant remained on sick leave for five weeks before resigned - Applicant’s co-worker (“B”) provided evidence for applicant – B was applicant’s son’s girlfriend – B claimed T and L rude and discourteous and unfairly singled applicant out for criticism - Applicant’s co-worker (“M”) provided evidence for respondent – M claimed applicant rude, abusive, and intimidating and clearly did not like T and L or being given instruction by them - Authority found M credible and disinterested witness – M’s evidence accepted – Found M’s evidence not consistent with applicant’s allegations of bullying and harassment - Authority not satisfied conduct amounted to bullying and harassment - Found not unreasonable for T and L to speak with staff, including applicant about poor hygiene report - Found not unreasonable to raise issue of oven timer as applicant only person in kitchen when timer turned off - Found applicant to share responsibility for breakdown in relationship with T and L – Found was over sensitive to object to being bumped into in cramped and busy kitchen - Found was discourteous to make remarks about L’s English – English not L’s first language but Authority found was readily comprehensible - Found evidence did not support finding T and L conducted themselves in way that amounted to unjustified action - No unjustified disadvantage – Application dismissed - Caf� worker |