Worker’s resignation letter leads to unfair dismissal, FWC says
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A stand-down order issued to an employee who sent off a resignation letter constituted an unfair dismissal, the Fair Work Commission found.
The Fair Work Commission ruled a worker was unfairly dismissed despite her tendering her resignation due to the “unsuitability” of her role as an ICT technician at Bytewize.
“I have spent yet another month with no money, and as such this role is no longer sustainable for either my mental health or physical health,” the worker said in her resignation email, which carbon copied 11 others into it.
In his 28 April decision, deputy president Richard Clancy said: “The applicant simply could not meet her living expenses if she stayed employed by the respondent. The applicant also raised other personal issues she was dealing with.”
In a response letter by way of email, the director of her employer, Bytewize, called this email “completely unacceptable and leaves [sic] me no choice but to stand you down effective immediately“.
Despite this letter saying that she would be stood down, the deputy president found that it was a letter of dismissal, finding that the director stated that Bytewize would no longer want to represent the worker, and asked her to return “all department assets, keys and equipment, including all school passwords …”.
In the director’s email, he added: “I am shocked that, along with your resignation, you have attempted to defame Bytewize Pty Ltd directly to its clients with information that simply is not true and not accurate.”
Although the deputy president did not expressly accept the director’s assertion that the worker attempted to defame Bytewize, he called the resignation letter’s inclusion of 11 other recipients unnecessary and a “potential source of embarrassment to the respondent and its commercial interests”.
Bytewize gave further evidence that the worker allegedly failed to submit approved timesheets in a timely manner and in her approach to recording absences. Despite the commission accepting that these issues were raised, it did not consider the worker’s resignation a probable result of this conduct.
The deputy president said: “The applicant was prepared to serve a notice period, but the respondent elected to bring forward the cessation of her employment in a manner I consider, on a fair reading of the Employment Agreement, was unjust and unreasonable.”
Thus, the deputy president accepted the worker’s unfair dismissal application, ordering Bytewize to pay her $4,406.05 gross, less taxation, in compensation for lost wages.
RELATED TERMS
Compensation is a term used to describe a monetary payment made to a person in return for their services. Employees get pay in their places of employment. It includes income or earnings, commision, as well as any bonuses or benefits that are connected to the particular employee's employment.
Resignation is the employee-initiated termination of employment. In other words, the employee willingly decides to leave their job and informs the company of their choice.
When a company terminates an employee's job for improper or illegitimate reasons, it is known as an unfair dismissal.
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Carlos Tse
Carlos Tse is a graduate journalist writing for Accountants Daily, HR Leader, Lawyers Weekly.