FWC examines whether aggressive workplace confrontation led to dismissal
The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a business development manager who was terminated following a heated workplace confrontation with new business ownership. The case centred on whether the worker was dismissed or had resigned during the altercation.
The worker argued that she was unfairly dismissed after challenging unrealistic business targets set by new management and being subjected to aggressive and threatening behaviour during a workplace meeting. She maintained that she never resigned despite being told to hand in her resignation by a specific date.
The employer disputed these claims through limited engagement, with the new business owner arguing that the worker had quit during their confrontation. However, the employer failed to participate in the proceedings, not filing any response documents or attending hearings.
The worker started employment as a senior sales executive in October 2023 and was promoted to business development manager in June 2024, earning approximately $130,000 per annum. She maintained that she performed her employment duties to an exemplary standard throughout her tenure with the catering business.
During meetings on 4 November 2024, the worker was advised by the new business owner that he would soon "own" the business, had taken on "all of the debt," and was "taking over control" with...
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