An employee was recently found to have been unfairly
dismissed once his employer discovered he performed work for a
client during a period of annual leave.
Mr Jim Bril told his employer, Rex Australia Limited t/a K&K
Glass (K&K Glass), he required annual leave for the purpose of
registering his car. During the annual leave, K&K Glass'
General Manager discovered Mr Bril performing work for a client.
The General Manager was disappointed by this, feeling that Mr Bril
had been dishonest when providing reasons for seeking annual leave.
Mr Bril, however, maintained that he had been truthful and that the
client offered him work after he commenced annual leave.
On his return from annual leave, Mr Bril's employment was
terminated. The main question in this case was whether Mr Bril
resigned or whether, by K&K Glass' conduct, he felt he had
no choice but to do so. The Fair Work Commission (FWC) found that
K&K Glass "dismissed" Mr Bril, by giving him the
choice of resigning or
