Worker claims dismissal for raising pay issues, while employer argues she resigned after refusing support
14 Jun 2025
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The Fair Work Commission (FWC) recently dealt with a jurisdictional dispute over whether a real estate sales assistant was dismissed or resigned from her position.
The case involved a worker who had raised concerns about her working conditions and pay entitlements, leading to a meeting that resulted in the end of her employment after less than three months on the job.
The worker claimed she was dismissed for exercising workplace rights when she made enquiries about overtime pay and car allowances.
However, the employer argued that she had resigned voluntarily after refusing to accept performance targets and declining offers of additional training and support.
The dispute centred on what actually occurred during a crucial meeting in April 2025, with both parties presenting conflicting accounts of the conversation that led to the employment relationship ending.
Dismissed worker claims workplace rights violation
The real estate sales assistant commenced employment with the property company on 13 January 2025.
During her employment, she had concerns about her working hours, overtime entitlements, and whether she was entitled to receive a car allowance. She raised these workplace concerns with the company director on 31 March 2025.
On 2 April 2025, the worker was called into a meeting with the director, with a sales associate also present. As a result...
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