ERA determines if feedback session was conducted reasonably amid worker's concerns
A casual call centre employee claimed she was unjustifiably dismissed and disadvantaged when she received feedback during her fifth day of training that she was not suitable for the campaign for which she was being trained.
The employer denied dismissing the worker, saying it provided feedback in good faith and would have kept her in its pool of casual employees for future campaigns.
The worker sought compensation for hurt and humiliation and requested that a penalty be imposed for alleged breach of her employment agreement.
The dispute centered on whether a lunchroom meeting where performance concerns were raised constituted a dismissal and whether the training and feedback process was reasonable.
The worker was briefly employed by the employer pursuant to a casual individual employment agreement.
The employer operates a call centre running inbound and outbound campaigns for clients, with work volume and type fluctuating based on client needs.
The employer maintained a pool of casual workers it could call upon when client demand required, either for existing clients' customer call volume or discrete campaigns requiring additional call centre workers.
The worker had experience working in roles she considered likely to be more complex or demanding than the work offered by the employer.
When she saw the call centre role advertised, she felt her...
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