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After saying she would resign due to dissatisfaction with a planned pay rise, an employee has convinced the Fair Work Commission she was in fact dismissed.
The statements made by the employee did not amount to resignation in clear and unequivocal terms, but rather constituted "a threat of resignation if certain conditions were not met", Commissioner Alana Matheson said.
The ACC Corporate administrative employee lodged a general protections dismissal claim in August this year, but the employer objected on the grounds that she hadn't been sacked.
The Commission heard that in a meeting with their supervisor, the employee and an administrative co-worker were told they would soon be able to access a payroll folder for the purpose of conducting a review, once they had received management permission to do so...
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