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Employer's aggressive response to resignation was "potentially unlawful"

An employer has been slammed for its unreasonable, aggressive and "potentially unlawful" conduct towards a manager who had resigned, with the Fair Work Commission finding it sacked her when it "waived" her notice period.

The manager at The Shed Café in Campbelltown resigned in September last year, but subsequently submitted an application for unfair dismissal, which the employer objected to on the basis she had quit voluntarily.

The Commission heard that on 11 September, the manager was certified unfit for work until 13 September, however later that day she emailed through her resignation, stating her last day would be 25 September.

One of the employer's co-owners then repeatedly texted her, asking why she had resigned, and the manager said she would be happy to talk about it when she returned to work...

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