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A manager who told an employee to "f-ck off" and leave work didn't constructively dismiss him, the Fair Work Commission has ruled, finding the direction was an effort to "defuse" their heated exchange.
Prestige Foods International raised a jurisdictional objection to the employee's general protections claim involving dismissal, arguing that it hadn't sacked him.
The Commission heard that in January this year, the employee received a phone call when he was late to work, but hung up before confirming whether he would attend his shift and, ignoring the employer's subsequent calls, he arrived at work two hours late...
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