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Scott v Quinns Fashions Ltd
24 Aug 2006, H Doyle, CA 128/06, (7 pages)
UNJUSTIFIED DISMISSAL - Constructive dismissal - Prohibition on publication of all medical evidence about applicant provided to Authority - Applicant placed on three month trial period to eventuate in permanent part-time employment - Applicant claimed unjustifiably constructively dismissed or alternatively unjustifiably disadvantaged - Applicant claimed resigned because treated unfairly by respondent - Resignation did not convey that applicant felt unfairly treated - BREACH OF CONTRACT - Applicant also claimed breach of express provision of employment agreement - Authority agreed applicant worked 7 days in a week for 11 of the 80 weeks was employed - Applicant often had to stay longer than rostered hours - Request to do extra hours and agreement - Applicant did not express how she felt about working longer hours - No objection by applicant to prepared rosters - Evidence did not support breach of contract - Applicant probably did not clearly articulate unhappiness during employment - No breach of contract - BREACH OF IMPLIED TERM - Respondent to take reasonable steps to provide applicant with safe workplace - Applicant did not convey a concern about the hours she was working - Authority to consider whether applicants conduct more than just inconsiderate conduct which caused unhappiness or resentment or whether conduct was dismissive or repudiatory - Authority concluded that respondent did not act unreasonably or fail to provide safe workplace - Length of service one year seven months - Sales adviser
Result: Application dismissed ; Costs reserved
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