Worker argues employer misinterpreted actions as resignation without clarification
The Fair Work Commission (FWC) recently examined a general protections claim involving a part-time film producer who argued she was dismissed from her employment at a small film studio after workplace tensions and disagreements.
The case arose when the worker collected her personal files from the employer's server and allegedly told a colleague she was "leaving," leading to a dispute over whether she had resigned or been dismissed.
The worker argued she had been dismissed, maintaining that despite the employer's assertion that she had resigned, her actions could not be understood as conveying an intention to resign.
She contended that the employer used assertive language and deactivated her work accounts without properly clarifying or confirming whether she genuinely intended to resign.
The employer contested the worker's claim, raising a jurisdictional objection that there was no dismissal as the worker had resigned from her employment.
The company argued that, based on her telling a colleague she was "leaving" and beginning to transfer personal files, it was reasonable to conclude she was resigning from her position.
The employment relationship involved a filmmaker and producer employed on a part-time basis as a producer for a small film studio owned and run by the respondent.
She worked a couple of days per week with varied duties including administrative and...
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