'Unfairly targeted' employee wins constructive dismissal claim

'Unfairly targeted'

As heard by the ERA, Brooker was "unfairly targeted" by Ali Hassani, who is JCP's sole director and is a 50% shareholder. Some of the unfair treatment she experienced included:

• Not getting paid correctly and facing a lengthy delay in being paid her wage arrears
• Contractual hourly rate was unilaterally reduced by Hassani
• Presented with three different employment agreements after she had started work and told to sign them immediately without discussing the terms
• Subjected to unfair bargaining
• Pressured to sign employment agreements that contained unfair terms. Hassani did not meet her in person to discuss her concerns and even blamed her for not signing the agreement
• Subjected repeatedly to unfair and unjustified criticisms
• Got yelled at for making a mistake at the beginning of her employment
• Discouraged from taking rest breaks, and was told to take her breaks, including lunch, at her desk so Hassani could see her
• Got criticised and "micromanaged" when she insisted on taking her statutory rest breaks away from her desk
• Unjustifiably suspended without pay for 10 days
• Criticised for her output, when JPC knew that was a reflection of software failures that were not her fault

The last straw for Brooker was being "iced out" when she was told to attend work even if she was sick on November 2, the ERA heard. According to the court document, Brooker was asked to attend work so Hassani could see for himself that he was sick. She then reported to work only to be ignored before being sent home for feeling unwell.

That was the last day she attended the workplace before submitting her resignation via email on November 7.

Brooker said she resigned because she "simply couldn't take it any longer," and then claimed to the ERA that her departure was constructive dismissal.

Constructive dismissal ruling

The JCP disputed all of Brooker's claims at the ERA, which ultimately sided with the employee in the case.

"Ms. Brooker resigned in order to protect herself from the ongoing and inappropriate pressure that JCP (at the instigation and/or on instruction of Mr. Hassani) had repeatedly subjected her to. There was nothing to indicate that would not continue had she not resigned," the ERA ruled.

It declared the case as a constructive dismissal, as the initiative for the ending of Brooker's employment was from Hassani.

"Had JCP met its employment law obligations to Ms. Brooker, then she would not have resigned," the ERA said.

It ordered JCP to pay Brooker $3,000 compensation, $8,000 of the total penalties imposed, and $11,040 gross lost remuneration. The JCP was also ordered to pay Brooker $7,000 for distress compensation for her unjustified disadvantage from her suspension, as well as $21,250 distress compensation for her constructive dismissal grievance.

JCP is further instructed to pay the Crown bank account the remaining $5,000 of the total penalties it had imposed on it.