Resignation not termination

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Resignation not termination

Confusion about an employee’s correct payment led to the employee’s resignation, not termination.

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Confusion about an employee’s correct payment led to the employee’s resignation, not termination.

The employee claimed the employer had terminated his employment because he was trying to ensure that he was being paid his correct entitlements under the award (Cleal v Colour Craft Printers; Print P1801 [1997] 651 IRCommA).

The Australian Industrial Relations Commission found the evidence supported the employer’s submission that the employee actually resigned from his position. The evidence showed:

  • the employee had telephoned the company and requested the payroll administrative officer to make arrangements to draw a cheque for any outstanding amounts owing;
  • the employee did not present for work the following day when his manager was expecting him;
  • there was nothing in the evidence to suggest the employer had any reason or intention to terminate the employee’s employment;
  • the employer was going to great lengths to resolve the problems relating to the employee’s entitlements; and
  • resignation was "consistent with the employee’s own evidence that he was considering the worth of retaining his employment."

The application was dismissed.

 

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