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Employer provoked "heat of the moment" resignation

An employee who said she'd "walk" during a meeting about her performance and conduct was constructively dismissed, the Fair Work Commission has ruled.

The meeting took place in January this year after her employer, Ethical Ice Cream (trading as Ben and Jerry's Cairns), became concerned about a "flurry of posts" she'd made on its internal communications platform about staff performance.

Later that day she received an email from the store's owner, accepting her resignation with immediate effect.

The employee claimed unfair dismissal, however, and denied having resigned either in writing or verbally. Alternatively, she claimed she was forced to resign due to her employer's conduct...

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