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"Positive steps" confirmation undermines employer's dismissal objection

An employer's announcement that it took "positive steps" to remove an employee accused of sexual harassment from the workplace has undermined its claim that he voluntarily resigned.

Late last year, 1770 Reef sent the boat manager and head skipper a letter, acknowledging and accepting that he had verbally resigned a few days earlier.

The letter said the employer hoped for a "smooth transition" during his remaining time with the company, however in light of serious sexual harassment allegations, his presence at work was no longer appropriate. As a result, his employment was terminated immediately.

The employee subsequently made a general protections claim involving dismissal, but the employer objected, arguing he had voluntarily resigned...

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