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"Clear and final" statement undermined constructive dismissal defence
An employer constructively dismissed a casual when it ceased all communication with him after he sought to clarify his employment and pay rate, the Fair Work Commission has ruled.
Deputy President Michael Easton rejected the employment relationship ended due to the employee's request to pause his shifts until the pay dispute was resolved, noting as a casual he had the right to alter his availability.
The Rebound Academy basketball coach made a general protections claim involving dismissal, arguing he was sacked in December last year after enquiring into his rate of pay.
But the employer denied the employee was ever dismissed, stating it stopped offering the employee work "at his request"...
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