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In appealing an unfair dismissal ruling, an employer has unsuccessfully argued that prohibiting an employee from working after she resigned was a "reasonable operational decision".
This submission ignored the employee's stated intention to work out her notice period, and that the employer didn't plan to pay her for not attending work, Fair Work Commission Deputy President Alan Colman said.
The case involved an early childhood teacher employed by Little Ted's Childcare Centre in Oxley, Brisbane.
The Commission heard that on Friday 9 May last year, two days after returning from leave to undergo back surgery, the employee resigned with one week's notice.
In a text two days later, the centre's owner told the employee to "stay away from the centre" until she confirmed which shifts to attend, and that returning any earlier would be considered "trespassing"...
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