FWC confirms: Raising workload concerns doesn't justify termination
The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a live-in housekeeper who performed cooking and cleaning duties at an employer's apartment. The worker claimed she was unfairly dismissed after raising concerns about her workload and feeling underappreciated, while the employer maintained she had voluntarily resigned.
At the centre of the dispute was a crucial meeting between the parties, where dramatically different accounts were given about what was actually said.
The worker claimed the employer was aggressive and dismissed her, while the employer insisted she had resigned when she couldn't agree to his terms.
The case raised significant questions about what constitutes a valid resignation versus a dismissal, and what employers can and cannot do when ending employment relationships.
Dismissal allegedly disguised as resignation claim
The worker began employment with the company on 15 January 2024, performing cooking and cleaning duties at the apartment in The Rocks, Sydney. Throughout this period, she lived at the apartment while working.
The dispute began when the employer (the sole director and owner of the company) raised concerns about a stained carpet not being cleaned, which triggered an emotional response from the worker who had been feeling overworked.
Text messages exchanged after this initial incident showed the worker professionally raising concerns about...
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