Worker argues employer’s actions forced exit after alleging inappropriate conduct
The Fair Work Commission (FWC) recently examined a general protections application involving a casual laundry worker who argued he was dismissed after making a sexual harassment complaint against a colleague.
The case arose when the worker left the workplace, claiming it was unsafe following an investigation into his harassment allegations, leading to a dispute over whether he had been dismissed or remained employed.
The worker argued he had been constructively dismissed, maintaining that the employer's handling of his harassment complaint and subsequent actions forced him to leave his employment.
He claimed the operations manager told him his last shift was on a specific date and that he would not be needed until September, effectively terminating his employment relationship.
The employer contested the worker's claim, disputing that any dismissal had occurred and asserting that the worker remained employed.
The company argued that the worker voluntarily left the workplace, declaring it unsafe, and had been on certified medical leave since then, making it reasonable to remove him from casual rosters while he was unable to work.
The employment relationship involved a worker employed as a casual laundry hand with an 'ad hoc' contract that clearly stated hours were not guaranteed and were subject to change.
The contract specified that the...
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