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Sudden resignation after safety threat amounted to a dismissal

An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.

Commissioner Susie Allison found Ky Plaster and Building Supplies' prompt acceptance of the employee's "heat of the moment" resignation was unreasonable, and held that it amounted to a dismissal.

In general protections dispute proceedings, the Commission heard one of the employer's owners had earlier this year recommended a family friend to renovate the employee's home, and following an "expensive dinner" with the owners and builder, the employee felt pressured to agree to the arrangement...

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