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A retail sales assistant received $ 15,000 after she was laid off from her job while on vacation.
Michelle Bradley was sitting at the Singapore airport when returning from vacation when she received a message from her boss, Kathryn Cook, owner of Hoof Camp Saddlery, telling her there was no work for her when she got home.
Cook claimed that Bradley was only a casual employee and that there had been performance issues that warranted ending his position at Saddlery.
But Bradley said she had worked at Saddlery as a permanent part-time employee and had not been warned her job was at risk before she went on vacation.
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Bradley had worked part-time at the store since the beginning of August 2018, until the email was sent on August 1, 2019.
In April 2019, Cook requested a meeting with Bradley to go over some processes to follow in the shop and with the customers.
Ricky Wilson / Stuff
Michelle Bradley was returning home from a holiday in the UK when her boss emailed her to say she had no job.
Cook told the Labor Relations Authority that it was a meeting to discuss performance issues, but Bradley said that, at the time, he had no idea it was a disciplinary meeting.
After the meeting, Bradley did not receive any warnings, written or verbal, that could have indicated ongoing concerns.
As part of the unsuccessful mediation process prior to the authority’s hearing, Cook provided a document titled “Official Warning Discussion Written on April 15, 2019,” but admitted that Bradley had not seen the letter before presenting it as evidence.
Bradley had no idea that she might lose her job at Hoof Camp until she received a message from Cook saying there were no hours for her when she returned.
Bradley responded by saying, “This is a really unprofessional and really unpleasant way to end our vacation.”
Cook responded, confirming his decision to give Bradley’s hours to another employee.
On August 4, Cook sent another email describing his belief that Bradley was unprofessional.
In the email, Cook said that he had given Bradley a verbal warning and claimed that several customer complaints had been received.
In her determination, law enforcement member Anna Fitzgibbon said it was clear that the employment relationship in this case was an ongoing part-time arrangement.
As a part-time employee, Bradley should have had the opportunity to respond to Cook’s concerns.
“Prior to the trip made by Ms. Bradley and her partner, Ms. Cook did not discuss whether or not work would be available to Ms. Bradley upon her return,” Fitzgibbon said.
“Mrs. Bradley had asked Mrs. Cook that she would like to take some time off to travel to England, a trip that included improving her skills in horse saddlery.
“Ms. Cook could have informed Ms. Bradley at the time that as she was a casual employee, there may or may not be work for her when she returns. She didn’t do that.
“Rather, he arranged for an existing employee to ‘cover’ for Ms. Bradley while Ms. Bradley was away. On the day of her return, Ms. Cook decided not to allow Ms. Bradley to return to work. “
It was clear that Bradley was wrongfully fired, Fitzgibbon said.
He awarded Bradley $ 15,000 for damage and humiliation.
Costs reserved.
