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Employee constructively dismissed because of a substantial reduction of hours

16 April 2014


The decision by the Fair Wok Commission in Jade Urand v Beaconsfield Children’s Hub (U2013/2754) concerned an employee that the employer submitted had resigned from her position.

However, the Commission held that the employee was constructively dismissed because:

  • the employer had reduced the employee's shifts and pay from four to two shifts a week;
  • there was no guarantee that there would be more than two shifts a week;
  • arrangements were made for the employee to resign and then to leave employment; and
  • the employee was forced to resign because of a very substantial reduction of hours that was made plain to the employer at the time.

Further, the Commission found that the dismissal was harsh, unjust and unreasonable. In particular, the Commission considered that there was no valid reason for termination of employment, which was conceded by the employer and supported by the positive ratings previously made by the employer.

 

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