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Employee's email was "a potential source of embarrassment" but not sackable conduct

A resignation email that copied in clients was potentially embarrassing for an employer, but it didn't warrant dismissal, the Fair Work Commission has ruled.

It was the employer's prerogative to communicate the employee's departure to clients, Deputy President Richard Clancy accepted, but he rejected that her actions breached her employment agreement.

The case involved a Bytewize specialist ICT technician, who emailed her resignation to the employer's director in October last year, copying in 11 employees of a Victorian public service client.

"It is with a very heavy heart that I am having to resign. I have spent yet another month with no money, and as such this role is no longer sustainable for either my mental health of physical health (sic)," she said...

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