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A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.
Further, the bench said all the facts that led Commissioner Sharon Durham to find the employee most likely said "this is shit", rather than "I quit", existed at the time her employment ended, and she wasn't wrong to apply the principles of "after-acquired knowledge" to the case.
In unfair dismissal proceedings earlier this year, Commissioner Durham heard the argument erupted between the Gold Tiger Logistics Qld Pty Ltd employee and her supervisor after the former was queried about incomplete tasks.
Following an investigation into the argument, the employer concluded the employee had quit...
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