Miss Rachel Grigg v Ice Designs Pty Ltd

[2011] FWA 7707

[2011] FWA 7707

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Rachel Grigg
v
Ice Designs Pty Ltd
(U2011/10983)

COMMISSIONER DEEGAN SYDNEY, 8 NOVEMBER 2011

Termination of employment - Application for unfair dismissal remedy - Jurisdictional objection - Decision in Transcript.

[1] The following is an edited version of a decision given in transcript on 2 November 2011.

[2] I have heard all the evidence and I have taken into account the information contained in the documents that have been filed by both parties in relation to this application.

[3] I find that the applicant had served the qualifying period prescribed in the legislation and that she was an employee protected from unfair dismissal.

[4] I accept the evidence of Ms Mayo as to the discussion with Ms Griggs on the telephone on Friday 12 August 2011. I think that any discrepancy between the evidence of Ms Mayo and Ms Grigg as to what was said at that time was probably due to the fact that Ms Grigg was upset by the situation. I find that it does not change the position that the Ms Grigg’s employment was not terminated by Ms Mayo. This was confirmed, or should have been confirmed for Ms Grigg, by the fact that she had other shifts that were still in the diary for the following Sunday and that she was aware that she had just been given additional shifts at the Belconnen store at that time. Ms Grigg accepted that she knew about the Belconnen shifts. That situation was not consistent with a decision by the employer to terminate her employment. This was further reinforced by a person in authority for the employer, the Regional Manager. Ms Grigg accepts that she was told by the Regional Manager, that her employment had not been terminated. The appropriate action for Ms Grigg to have taken when she was not given shifts by other shops was to go back to the Regional Manager to ask for further clarification in relation to the rostering of shifts.

[5] In the circumstances, on the evidence before me, I find that there was no termination at the initiative of the employer. The application is dismissed.

COMMISSIONER

Appearances:

Miss Rachel Grigg, self-represented Applicant.

Ms Carolyn Bananno, National Retail Manager, Ice Designs, for the Respondent.

Ms Erin Clarke, Human Resource and Special Projects Manager, Ice Designs, for the Respondent.

Hearing details:

2011.
Canberra:
November, 2.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR516536>