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Instead of accepting an underperforming employee's "gracious" resignation, an employer immediately and unfairly dismissed him for serious misconduct, the Fair Work Commission has ruled.

Deputy President Tony Slevin found Coffee Burrow unfairly sacked the second in charge and ordered it to pay him three weeks' wages plus superannuation as compensation, amounting to $4,872.

The employer had objected to the employee's unfair dismissal claim, on the basis he resigned voluntarily...