An employee who left work due to a panic attack was unfairly
dismissed, after their employer misinterpreted the exit as intent
to resign. The Fair Work Commission found that the employee was
dismissed by the employer, and that dismissal was harsh, unjust and
unreasonable, even in circumstances where the employment
relationship was substantially strained and the employer had
significant concerns with the employee's work performance and
attitude prior to the dismissal.
In Mr A v The Respondent [2016] FWC 8631, the Applicant
had worked for the Respondent for approximately a year when, on 14
July 2016, he advised he was leaving, without providing an
explanation for his departure. The Applicant took various
belongings with him upon his departure. On 19 July 2016, after
failed attempts to contact the Applicant, the Respondent emailed
the Applicant confirming his exit had been interpreted as a
voluntary termination of employment and requested all company items
be returned.
