The owner of an independent fashion boutique in Sydney's west has been ordered to pay a former employee close to $10,000 after being found guilty of unfair dismissal.
Sophia Sarkis, the owner of Modestie Boutique in Westfield Liverpool since November 2010, was found by Fair Work Australia to have unfairly dismissed former employee Sedina Sokolovic on December 26, 2010. Sarkis has been ordered to pay Sokolovic approximately 8 weeks wages, totalling $9992.
The case, heard by Fair Work commissioner Ian Cambridge, involved analysis of numerous matters including whether Sokolovic was subject to unfair dismissal protection and Sarkis' decision to fire her employee via text message.
Cambridge found Sarkis' reasons for dismissing Sokolovic were "something of a moving feast" and included claims Sokolovic had swapped work shifts without notifying her, had been late to work and was the subject of customer complaints.
Sarkis' text message to Sokolovic, advising her of her dismissal, read in part:
"... you not taking me serious or the work. Which hurts me enough and you can pick up your pay tomorrow and drop the key. You don't need to call me and I don't see that we can work together."
Cambridge found Sarkis' dismissal of Sokolovic was a "hasty" decision linked to the theft of $5000 worth of stock from Modestie Boutique two days prior to Sokolovic's dismissal.
"The behavioural, performance and attitude issues that the employer has attempted to rely upon as reasons for dismissal are a collection of unspecified, unsubstantiated allegations which were belatedly used in an attempt to bolster the basis for an ill-considered and hasty decision which in reality, was a reaction motivated by a consuming desire to find blame for the larceny," Cambridge found.
"Consequently there was not a valid reason for dismissal relating to the applicant's capacity or conduct."
Modestie Boutique stocks a range of leading Australian designer brands.