Tuesday, 17 November 2015

Parker v Secretary Department of Education and Communities [2015] NSWIRComm 1020

Court Provided Information: WORKPLACE AND EMPLOYMENT LAW – Unfair dismissal – Jurisdiction – Dismissal – When resignation can be regarded as dismissal for purposes of the Industrial Relations Act 1996 (NSW) – Constructive dismissal – Determination of whether a termination was in fact a constructive dismissal to be arrived at by a transactional analysis – Ultimatum provided – No negotiations after ultimatum provided – Dismissal – Jurisdiction lies.

LEGISLATION CITED: Industrial Relations Act 1996 (NSW)

Brian Newman said, "this is something we see far too often in today's workplaces. I was just talking to a client yesterday who was telling about her unfair dismissal circumstances and in part, there was a disturbing account of being threatened with criminal charges if she did not sign a 'form' acknowledging she had assaulted a coworker and that she was going to accept a first and final warning for the incident. This is utterly unacceptable that a worker should be placed in this situation. The assault never occurred, the worker didn't know her rights and now we hear about it far too late to be of any real assistance."

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Source: Thompson Reuters Alert: 151111CA-5475

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