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Smith v Blighs Road Service Stations (1989) Ltd
14 Mar 2008, D Asher, CA 27/08, (7 pages)
UNJUSTIFIED DISMISSAL - Poor performance - Applicant had eye disability affecting vision - After three weeks employment, respondent contacted applicant regarding errors in processing customer payments causing financial loss to respondent - Disability caused payment errors - Conflict in evidence - Applicant claimed dismissed despite protests that could obtain contact lenses which may correct vision - Respondent argued put errors to applicant and applicant replied could not handle position - Respondent claimed applicant requested new position without responsibility of customer payment but declined alternative position as had no vacancy - Common ground that applicant worked out one week notice period without customer payment duties - Respondent's evidence preferred - Authority found applicant unable to cope with demands of position - Found significant changes in applicant's recollection of key events - Found respondent's agreement to employ applicant in lesser role for one week not consistent with applicant's allegations - Found applicant resigned position that effectively unable to perform - No dismissal - Forecourt manager
Result: Application dismissed ; Costs reserved
Van der Bel v Kids Art Space Ltd
6 Mar 2009, A Dumbleton, AA 72/09, (5 pages)
UNJUSTIFIED DISMISSAL - Poor performance - No appearance for respondent - Respondent's written submissions considered - Three weeks' employment - Respondent raised performance issues with applicant - Following day applicant received warning for delay in sending courier package - Applicant given no opportunity to be heard before warning issued - Next day applicant summarily dismissed - Respondent claimed applicant misrepresented qualifications and experience - Authority found no deceit on part of applicant in obtaining position - Authority found respondent did not comply with trial period clause in employment agreement - Trial period curtailed prematurely before applicant offered assistance and given reasonable time to improve - Dismissal unjustified - Remedies - Applicant unable to work for several weeks after dismissal - Authority found illness caused by dismissal and applicant lost wages as result - Applicant sought six months' lost wages - Authority took into account that if proper process followed employment could have been justifiably terminated at end of probation period - Three months lost wages awarded - Dismissal had serious affect on applicant's health - Applicant unable to work or function normally - Award of $7,000 compensation appropriate - Personal Assistant
Result: Application granted ; Reimbursement of lost wages ($9,928) ; Compensation for humiliation etc ($7,000) ; Costs reserved
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