ALL said it had never fired Stace, but said he left the company after Rusk raised concerns about his work and conduct with him.
One of ALL's concerns was that Stace was undertaking work as a Notary Public, a lawyer who can witness documents in the community, in exchange for cash that was kept off ALL's books.
The ERA found that his work as a notary public was not part of ALL's business and did not fall under his duties of employment.
In a letter given to Stace before his dismissal Rusk told Stace she was aware he was accessing "sex related websites" at work that was "highly inappropriate in the workplace of a law firm".
The ERA found there was no evidence to support Rusk's allegation and Stace had accessed social media sites and dating websites within a reasonable level of personal use.
At a meeting where Rusk raised her concerns about Stace's notary public work Rusk told Stace she felt their working relationship had deteriorated and he should consider taking an early retirement.
A letter that outlined clearly that Rusk believed Stace's employment with ALL was at an end was delivered to him three days after.
The ERA found ALL had not acted as a fair and reasonable employer by constructively dismissing Stace and awarded him $60,576 in lost income and $7000 for the loss of dignity and injury to his feelings.
Comment was been sought from ALL.
Read the full decision here:
