Employer raised jurisdictional objection that applicant voluntarily resigned and therefore not dismissed within meaning of Act
The Fair Work Commission (FWC) examined whether a public servant was dismissed after he resigned, claiming he was forced to do so because he exercised workplace rights and was subjected to a sustained pattern of coercive and unreasonable management conduct.
The employer raised a jurisdictional objection on the ground that the applicant voluntarily resigned and was therefore not dismissed within the meaning of the Act. A dismissal is a fundamental prerequisite that must be established before the Commission can exercise powers to deal with a dispute about whether a dismissal was in contravention of the general protections provisions.
The applicant was employed in the Australian public service for ten years and joined the department in April, where he remained employed until he resigned, giving two weeks' notice.
The employer outlined that a new manager started supervising the applicant in late January.
Prior to this, a different manager had been the applicant's supervisor. The new manager and the previous manager conducted a mid-cycle review discussion with the applicant in late February.
The new manager and the applicant had a meeting regarding his performance in late March. During the period from February to April, an employee transferred out of the applicant's team, a senior employee in the...
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