The dismissal must have taken effect by the time the application is made, which must be within 21 days after the dismissal took effect, or within such further period as the Commission allows.
A person has been dismissed if one of the circumstances described in section 386 of the Act is made out.
Those are, in summary, either that the person's employment with their employer has been terminated on the employer's initiative, or the person resigned from their employment but was forced to do so because of conduct or a course of conduct engaged in by the employer.
The question was whether the worker was dismissed for the purposes of termination on the employer's initiative.
It was not in dispute in this case that the worker was employed from 11 September 2023 until 8 August 2025. It was also not in dispute that the worker resigned from his employment on 8 July 2025.
The resignation was given in a meeting between the worker and the employer to discuss concerns about his employment, during which it was agreed that his resignation would take effect on 30 September 2025.
The parties agreed that this period of notice was longer than required under the worker's contract of employment.
It was nevertheless a period of notice agreed between the parties and confirmed in writing by the employer as being a decision in their mutual interests.
The worker agreed to this in writing by reply email on the same day.
On 8 August 2025, the employer reneged on...
“This has been one of the most difficult and traumatic periods of my life.” It’s pretty wild how quick a lawyer threatening a lawsuit can bring a person, company, whatever, to heel. And Ian Battri...