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Text message conveyed clear intention to dismiss employee

An employee who was told to delete his employer's number after refusing to disobey COVID health directions has successfully appealed a finding that he wasn't dismissed.

The employee started working as an assistant venue manager with Laundy Hotels (trading as the Bayview Hotel) in early December 2021, three weeks before he was informed another hotel worker had tested positive to COVID-19.

At his employer's request, he and other contacts of the sick employee took rapid antigen tests – though his was negative, the hotel manager directed him to clinic to receive a PCR test.

In accordance with Government health directions, the employee remained in isolation until he received a negative PCR result, however, during this time, the hotel manager pressed him to return to work...

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