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Employee’s “excited utterance” wasn’t a resignation, dismissal unfair​on April 17, 2024 at 4:46 am

An employee’s "excited utterance" following a heated exchange with her supervisor didn’t constitute a resignation, the Fair Work Commission has ruled, finding she was dismissed without an opportunity to respond. <!–MORE–>

The customer service and logistics co-ordinator for Gold Tiger Logistics claimed she was unfairly dismissed in September last year, and she sought reinstatement, or alternatively compensation.

But the employer argued the employee had voluntarily resigned following an argument with her supervisor. Alternatively, it claimed if she had been dismissed, it was warranted because of her "challenging and unsavoury words", which constituted "gross and serious misconduct"…An employee’s "excited utterance" following a heated exchange with her supervisor didn’t constitute a resignation, the Fair Work Commission has ruled, finding she was dismissed without an opportunity to respond. <!–MORE–>

The customer service and logistics co-ordinator for Gold Tiger Logistics claimed she was unfairly dismissed in September last year, and she sought reinstatement, or alternatively compensation.

But the employer argued the employee had voluntarily resigned following an argument with her supervisor. Alternatively, it claimed if she had been dismissed, it was warranted because of her "challenging and unsavoury words", which constituted "gross and serious misconduct"… Read MoreHR Daily

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