Fair Work looks into resignation test in disputed phone call conversation
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from an engineering surveyor who claimed he was terminated due to a lack of work.
The case arose when the surveying company director contacted the worker about reduced work availability, leading to disputed versions of whether termination or resignation options were presented during their telephone conversation.
The worker argued he was dismissed on the employer's initiative due to work shortage using "last-on-first-off" principles, claiming he was told his employment would end and to return company property.
The employer contested this version, maintaining that multiple options were presented, including continued employment at minimum contracted hours or resignation with payment benefits, and that the worker chose resignation after considering his preference for maximising earnings.
The employment relationship commenced in March 2024 when the engineering surveyor joined the company specifically to work on the level crossing removal project, which was projected to run for two years.
The worker was paid a base hourly rate of $65 with normal hours from 7:00 am to 3:30 pm, though he regularly worked longer hours and frequently requested additional work to maximise his income throughout his employment period.
A critical telephone conversation occurred on 5 May 2025 between the...
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