T3525
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Shop Distributive and Allied Employees Association and Birchalls, Launceston
Alleged unfair dismissal REASONS FOR DECISION This dispute arose following the instant dismissal of a shop assistant, Miss Susan Walsh, from her employment with the firm of Birchalls, The Mall, Launceston. It was submitted by Mrs Potter, appearing for the Shop Distributive and Allied Employees Association (SDAEA) that the action of the employer was harsh, unjust and unreasonable, and she sought the reinstatement of Miss Walsh without loss of entitlements. The Commission was informed that Miss Walsh had been summarily dismissed on 3 October 1991 for allegedly making uncomplimentary comments about a customer which, it was said, the customer had overheard. Mrs Potter argued that insufficient evidence was available to substantiate the claim that Miss Walsh had made any comments about the customer and, in any event, the incident would not justify instant dismissal. Miss Walsh gave her version of the events, under oath, and vigorously denied having made any comments about the customer. Mr. P. Tilley informed the Commission that his company had a very strict policy of ensuring the courtesy and politeness of staff to customers. New employees were provided with a manual setting out the standards expected of them, especially in relation to politeness. They were told that rudeness to customers could result in dismissal. Mr. Tilley explained the potential losses which could be sustained if important customers took their business elsewhere due to their dissatisfaction with sales staff. After having spoken privately with each of the parties, I informed them, on the record, that I could see no justification for the extremely drastic action taken in this case. Whilst no employer, nor indeed this Commission, should condone employees being rude to customers, such a case had to be carefully evaluated to ensure that no employee was harshly, unjustly or unreasonably accused and punished. The employee in this case had not been guilty of an offence of this nature before and from the material presented to the Commission it was not possible to determine, without doubt, that Miss Walsh had said anything complimentary, or uncomplimentary, about the customer. I accept her strong denial in this respect and, in the absence of any evidence to show with certainty that she had breached company policy, I recommend that she be reinstated immediately without loss of wages or other entitlements. I will defer closing this file until I have received confirmation from the SDAEA that my recommendation has been accepted and acted upon by the Company.
F. D. Westwood Appearances: Date and place of hearing: |