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Lack of "frank" discussion about notice pay turned resignation into dismissal

In a new ruling highlighting the importance of discussing expectations when employees resign, the Fair Work Commission has found a manager didn't "freely" agree to leave before his notified end date.

The manager gave transport company Focus NSW one month's notice of his resignation in March this year, stating he was unhappy at work and believed his supervisor was trying to push him out.

He subsequently made a general protections claim involving dismissal, arguing that shortly after he quit, he and the employer agreed he could leave his employment early, however he wasn't paid the remainder of his notice period as per his expectations.

He said if the employer had made clear to him that he would be forgoing this payment, he wouldn't have agreed to leave early...

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