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Unsigned deed weighs in favour of dismissal over resignation

After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.

The paralegal alleged that Fourtree Lawyers dismissed her because of her pregnancy, and because she exercised various workplace rights, including requesting flexible working arrangements and making enquiries about her employment and workplace changes.

The employer objected to the paralegal's general protections application, claiming that it had not dismissed her, rather she resigned voluntarily.

The FWC heard that in November, the employee notified the employer of her intended leave dates and communicated that she would stop working in February, six weeks before her due date...

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