Is it a forced resignation? Worker cites mental health decline due to Sunday shifts
The Fair Work Commission (FWC) examined whether an ambulance transport attendant was dismissed after the employer objected to the application on the basis that it did not dismiss the applicant.
The applicant commenced work with the employer initially as a patient transport officer and immediately prior to her resignation was employed as a full time ambulance transport attendant.
It was not in dispute that the applicant's dismissal took effect by reason of the applicant's resignation. The applicant was employed for over six years until her resignation.
During her employment, the applicant contended that she raised concerns about how certain aspects of the work, particularly being rostered on Sundays, were affecting her wellbeing. The applicant's position was that Sunday shifts contributed to a decline in her mental health.
The applicant submitted that she raised these matters with the employer and informed it of what she described in her application as her disabilities. The applicant contended that her request to be converted from full time to casual employment was declined.
The applicant submitted that despite her treating practitioner recommending a more sustainable working pattern, which did not include the performance of work on a Sunday, no accommodations were made by the employer to support her mental health.
Accordingly, in her...
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