Applicant claimed she was forced to resign because she was left without supervision, system access and means to perform her duties
The Fair Work Commission (FWC) examined whether a provisional psychologist was dismissed after she resigned, claiming she was forced to do so because she was left without supervision, without access to the employer's IT systems and without the means to perform her professional duties.
The employer is a small health practice that provides telehealth psychology and occupational therapy services to clients across Australia via telehealth. The employer raised a jurisdictional objection on the ground that the applicant resigned and was therefore not dismissed within the meaning of the Act.
The applicant was employed on a part time basis as a provisional psychologist from March until she resigned in mid-September following a period of sick leave.
As a provisional psychologist, the applicant was required to perform her duties under supervision. For the majority of the applicant's employment, the chief executive was her board-approved primary supervisor as well as her employer.
At the start of the applicant's employment with the employer, she had a supervisor who was not an employee of the employer. The chief executive gave evidence that a number of concerns arose during the applicant's employment regarding her performance and conduct.
In May, the applicant was given permission to...
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