Worker

Employer

Anonymised Parties

A Medical Receptionist

A Medical Centre

Representatives

  Self Represented

 The Owner

Act

Dispute Reference No.

Date of Receipt

Industrial Relations Act 1969

02/08/2023

The Worker was employed as a Medical Receptionist and alleged she was dismissed unfairly and without due or fair process. The Worker had less than 12  months service. The Parties made very limited verbal submissions regarding the dispute.

The Worker was employed as a Medical Receptionist for less than 12 months.

The Worker was dismissed without notice or warnings.

The Worker never received any verbal or written warnings.

The Worker advised she was happy in the employment and was told everything was going ok.

The Worker stated in was her first time in the industry and they should respect each other at work.

The Employer stated the Worker was on probation and was very disruptive.

The Workers hours were facilitated for her to get a child minder.

The Worker was given many chances to improve her performance and the Employer had many conversations with the Worker about the need for her to improve her performance and attention to detail.

The Employer stated the Worker tried to get staff not to work on Saturdays “to teach them a lesson”.

There were issues with the Workers confidentiality and issuing the wrong prescriptions. The Worker did not notify the Owner of blood tests which had been conducted.

A Witness for the Employer, who worked at the office in a senior capacity, stated she was present when the Owner gave the Worker a verbal warning about her behaviour.

The Witness stated the Worker did not trust the firm and they did not overcharge.

The Witness advised about a number of incidents with clients who were not happy with the Workers performance.

The Witness stated the Worker had no office experience when she started and she was recommended to get some office training.

The Witness stated the Workers behaviour changed and refused to swop shifts and refused to complete tasks set properly and concluded by stating the Worker did not have the right experience for the job.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

I find that the Employer did not have adequate documentary procedures for contracts of employment, had no formal procedures for assessing the Workers performance and did not have any formal disciplinary procedures.

While there is evidence of a disagreement regarding certain issues during the employment which lead to the termination of the employment there was no written evidence provided of verbal or written warmings or improvement plans.

The Adjudicator has given careful consideration to the submission of both the Worker and the Employer in this case. There are merits to both cases but on the basis no formal evidence of a disciplinary procedure existed or any verbal or written warnings were issued to the Worker I conclude that no fair procedures were employed in arriving at the decision to terminate the Workers employment. As a result, I find she was unfairly dismissed.

In all of the circumstances the Adjudicator recommends that the employer pay to the Worker the sum equivalent to two weeks’ pay as compensation in full and final settlement of the matter in dispute.

Unfair Dismissal