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Employee sacked "by mistake" cleared to pursue general protections claim

A manager had "ostensible authority" to act on an employer's behalf, despite its claims to the contrary, and made it "unequivocally clear" to an employee that she no longer had a job, the Fair Work Commission has found.

Deputy President Abbey Beaumont noted that even if she was wrong on this point, she would have found the employee was forced to resign, after the employer rostered her to work with the manager, who was being investigated for bullying her.

The part-time retail assistant at discount store Silly Solly's made a general protections claim involving dismissal, but the employer objected on the basis she was sacked "by mistake"...

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