Is it voluntary resignation? FWC decides
The Fair Work Commission (FWC) examined whether a third-year apprentice was dismissed or resigned voluntarily after the employee attended work as normal but finished early without signing out or prior approval and approached a project manager asking who he needed to notify about his resignation.
The next morning, during the meeting, the employee attended site in plain clothes, reversed his car to the side of the shed, and proceeded to collect all his tools before driving away.
The employee sent a text message to the manager shortly afterwards, stating he didn't see him and to call when he got a chance. The employee alleged he was forced to resign due to conduct or course of conduct engaged in by the employer.
The employee completed a health and medical declaration, noting he had spinal flare-ups occasionally.
Shortly after signing an apprenticeship training contract with the employer to complete a certificate in cabinet making and timber technology, the employee was paid an overnight travel allowance totaling $480 over several months.
The employee said he believed he tweaked his lower back when he was left at a job by himself and had to lift a benchtop by himself.
The employee notified the manager in the evening that he wouldn't be able to work the next day as he had pulled his back pretty badly. The employee's timecard recorded that he finished work that day as per his standard shift.
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