Mrs M. was employed in a café for about two years when new owners took over in May 2008. Mrs M. was a full time employee paid $13.50 per hour and she had a written employment agreement
At 10.00 a.m. on Saturday 14 June Mrs M. and a co-owner of the business (we’ll call him Mr X) were involved in a “misunderstanding” about the preparation of a wrap for a customer. (For those of you who don’t know what this is it is tortilla that you wrap around a filling) Mr M. became very angry with Mrs M. and screamed abuse at her. One can only assume that it was a very bad preparation of the customer’s wrap! As an aside I find often employment disputes are like marriage – it’s the little things that eventually send people over the edge.
Mrs M. was very upset about this incident but continued working until 11.00 am when she approached the other owner (Mrs X) and said she was unhappy about the way she had been spoken to and she was not feeling well. As she had completed her preparation for the day she said she wished to go home. In response Mrs X shrugged her shoulders. Mrs M went to Mr X who was at the till, told him she was going home because she was unwell and he replied “ok”.
Mrs M. immediately went to the local Department of Labour office to seek advice and at 4.00 p.m. she telephoned Mr X and left a message. He did not return her call. She then visited her doctor and received a medical certificate stating she was unfit to work for the next three days and she advised Mr X. of this that evening.
The following week Mrs M. contacted Mr X. again and arranged a meeting on the Wednesday to talk about the manner in which he had spoken to her. At the meeting Mr X. told Mrs M. the kitchen was being renovated and she could take a paid holiday until the following Thursday. Mrs M. gave Mr X. a copy of the medical certificate when she then watched him fold into a tiny square.
Mrs M. then received a text message from Mr X. on Tuesday the following week asking her to attend a meeting on Friday about her “employment ending”. When she attended the meeting Mr X. told Mrs M. she could not return because she was a “disadvantage” to the business. Of course she argued that she had been unjustifiably dismissed.
For some reason the employer (who did not end up being represented at the hearing) said that Mrs M. was not dismissed but abandoned her employment. The Authority member determined that Mrs M. did not abandon her employment she was dismissed. The employer was ordered to pay Mrs M. $2,000.00 compensation and in addition to that $7,290.00 lost wages.
No business (let alone a small business) wants to have to pay out $10,000.00 in these circumstances. Remember employers – a couple of deep breathes and the cost of some good advice could be the difference between a resolved employment problem and having to pay out money.
