Employer exonerated in worst unfair dismissal case in 16 years

The Fair Work Commission has found in favour of a small plumbing business in an unfair dismissal case which shocked the Commissioner with the employee's "spurious" claim, as reported in smartcompany.com.au.

The employee, Martin Holland, brought the claim for $40,000 against Omega Plumbing after his employer arranged a meeting to discuss questions about the validity of his plumbing licence and the status of his motor vehicle driver's licence.

The commission found shortly after the meeting started, Holland stood up, reached into his back pocket and produced a folded piece of paper which he described as his resignation letter.

The letter was unfolded and Holland gave it to the managers who read its contents and verbally confirmed that the applicant's resignation was accepted.

But at the hearing, Holland claimed in "somewhat amazingly stark contrast" that his managers had threatened him and stood over him, producing a piece of paper and a pen and forcing him to write out the letter of resignation.

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