Communication concerns lead to paid leave and subsequent employment status dispute
The Fair Work Commission (FWC) recently examined a general protections claim involving a worker who argued she was dismissed from her employment while her employer maintained she remained an employee.
The case arose after the worker was placed on paid leave following concerns about her workplace communications, leading to a dispute about whether her employment had actually been terminated.
The worker initially claimed she had been constructively dismissed when placed on paid leave, arguing her return to work had been rendered "professionally and ethically untenable."
She later filed a second application claiming she had been formally dismissed, pointing to various actions by the employe, including removal from company systems and receipt of termination payments.
The employer contested both claims, maintaining throughout that the worker's employment had not been terminated and that she remained an employee. The company argued that any administrative actions, including payroll processing, were errors and did not constitute a dismissal of the worker from her position.
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