Employee not pressured to resign

Cases

Employee not pressured to resign

A pharmacy employee has failed to convince a tribunal that her employment was terminated at the initiative of her employer.

A pharmacy employee has failed to convince a tribunal that her employment was terminated at the initiative of her employer.

The Western Australian Industrial Relations Commission considered whether the applicant was dismissed or voluntarily resigned from the employment.

The employee said she felt pressured to resign after her employer had threatened to “make her life a living hell”.

However, Commissioner Walkington found that statement was not made because the applicant did not test the conflicting evidence of her employer during cross examination.

The commissioner then found that the applicant was given the opportunity to reflect and consider the options given to her and was not threatened by her employer to resign there and then.

Commissioner Walkington noted that the respondent did not treat the applicant’s resignation as being of immediate effect as an agreement had been made with the applicant for her to work out her notice, and, during this time, the applicant did not raise with her employer that she had changed her mind or wished that her resignation be revoked.

The commission ruled that the employee resigned from her employment.

The application was dismissed.

The decision can be read here.
Post details