Page:Kristen Gordon v Sens Catering Group Pty Ltd.pdf/7

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[37] The Applicant said Ms Wang replied there was no one to interview because its five Chinese investors that do not really know hospitality and Ms Wang said she would just tell them that the Applicant is 'good' and she would get the job. The Applicant said she thought this was suspicious. The Applicant said it was at this point Ms Wang said the Applicant could have two weeks off and then she could go and do this job.

[38] The Applicant said the offer was not to return to her job, it was to go off and run a mystery café in a job from people that did not know her and in a business that the Respondent had a 5% share of, or 'something like that'. The Applicant said she asked to see something in writing, and nothing was ever given to her. The Applicant said she just wanted the conversation to end, so she said to Ms Wang, 'okay thanks for talking with me' and she went back to work.

[39] The Respondent submitted in its material filed prior to the hearing that Ms Wang asked Dream Nareekul to have a chat with the Applicant, and to notify her that she was dismissed with two weeks' notice. The Respondent submitted that a week after, on Sunday 20 March 2022, after Ms Wang reported to Mr Chen the situation, Ms Wang came to the shop and had a direct chat with the Applicant. The Respondent submitted that from what Mr Chen knew, they had a good chat and offered the Applicant two weeks paid leave in good faith (even though she is a casual employee) and the Applicant agreed to return back to work after her annual leave. Further, the Respondent submitted that the Applicant was happy to keep working with Sens coffee for the new shop opening soon at QSV shopping centre.

[40] Ms Veas said Ms Wang came in on Sunday 20 March and wanted to talk to the Applicant. Ms Veas said they talked for a little while, and when the Applicant came back to work she said to Ms Veas "They are unbelievable" or something similar. Ms Veas said the Applicant told Ms Veas she had been offered to run the new store and given 2 weeks off paid, and Ms Wang asked her a lot of questions about the miscarriage.

[41] Ms Veas said the Applicant said Ms Wang was pretending she "never fired her", and even said that to her. Ms Veas said she knows this is not true and talked to the Applicant about how crazy it was to pretend this when everyone was put through so much drama.

[42] Ms Veas said during conversations with the Applicant about this that Ms Veas asked if she would take the offer, and the Applicant said she hadn't received any other information about the offer and did not feel good about taking the offer because it didn't seem legitimate. Ms Veas said the following week she talked to another staff member Monika Mezaks who said Ms Wang offered her the Applicant's job as well.

Letter of Mr Chen

[43] Mr Chen, the Director of the Respondent, submitted written material provided to the Commission that included the following:

"According to the information I have heard from Phoebe and some other staff, on 12/03, Saturday, Kristen and Phoebe have had some argument in regard to the staffing issue, Three staff called sick for the weekend shift, as the result, our Broadbeach shop (Goya Cafe) was short of staff and quite hassled with the weekend rush. Therefore, Phoebe ask