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After accusing an employee of misconduct because she'd complained about being forced to take annual leave, an employer then effectively dismissed her when it took her departure from work as a resignation, the Fair Work Commission has found.

The employer's conduct was "remarkable", Deputy President Bryce Cross said, noting it emailed the employee to accept her alleged resignation before she'd even arrived home, then disregarded her reply, in which she disputed that she'd intended to resign.

The employee filed an unfair dismissal application, but Vic's Premium Quality Meats raised two jurisdictional objections, arguing she had voluntarily resigned, or alternatively, that she wasn't an employee.

The Commission heard in early July 2025 the pick packer approached her manager about taking leave at the end of the year, and was told it wouldn't be an issue...