Page:Kristen Gordon v Sens Catering Group Pty Ltd.pdf/6

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[29] The Applicant also gave oral evidence about the conversation she had with Dream Nareekul in which Dream Nareekul advised her she was terminated, saying it lasted for about an hour and it was only after the Applicant had been told that she her employment was terminated, that Dream Nareekul asked her if she would do the casual shifts until 23 March.

[30] The Applicant said she conversed with Ms Veas about the outcome of the conversation with Dream Nareekul and decided to work the additional shifts for the requested days (until Dream returned from Sydney) as Dream Nareekul knew the Applicant leaving immediately would have no effect on the owners but would affect the team and also the Applicant financially.

[31] Ms Veas evidence was that on Sunday 13 March, Dream Nareekul and 'John' asked to talk to the Applicant when she finished work. Ms Veas said she heard Dream Nareekul ask to meet the Applicant, and the Applicant also told Ms Veas. Ms Veas said she made sure she finished work before the meeting because she did not want to be there for it.

[32] Ms Veas said the Applicant messaged her later that afternoon very upset and told her she had been fired. Ms Veas said the next day when Dream Nareekul came into work and saw her, she burst into tears. Ms Veas said Dream Nareekul could not believe what she had to do and was very worried about the Applicant and how this had affected her.

Monday 14 March 2022

[33] On Monday 14 March 2022 the Applicant filed an application for unfair dismissal remedy.

Sunday 20 March 2022

[34] The Applicant said on Sunday one week after being dismissed, Ms Wang came and spoke with her and offered her two weeks paid leave and a position running a new store that they would be part owners of. The Applicant said there were holes in the offer and the Applicant did not believe this was going to come to fruition and they made no agreements, as the Applicant wanted to see an offer in writing.

[35] In relation to the conversation on 20 March with Ms Wang, the Applicant said she did not want to speak to Ms Wang. The Applicant said Ms Wang cried when she found out about the Applicant's miscarriage, however the Applicant felt that in fact Ms Wang was worried about a court case. The Applicant had filed an unfair dismissal application on the previous Monday 14 March.

[36] The Applicant said Ms Wang said to her that "obviously they cannot work together because they do not have the same values," but instead offered for the Applicant to open up a new store and the Applicant could manage that. The Applicant said that she responded that if Ms Wang thought she was untrustworthy why would she offer a better role. The Applicant said Ms Wang replied that they only owned a very small percentage of this business so it wouldn't really be working for the Respondent anymore. The Applicant said that she responded that these people don't really know her, and why would they hire her. The Applicant said she also asked Ms Wang if she there would be an interview and if there was any paperwork to see what it was all about.