Worker says he was told to leave after 'demanding' payslips and other entitlements
The Fair Work Commission (FWC) recently dealt with a worker’s dismissal claim after he argued that the employer dismissed him for asking about his payslips and other entitlements.
On the other hand, the employer said that he was not dismissed, and it was the worker who “walked out of the business” and “without notice.”
On 2 May 2023, the worker, Luan Ambrosio de Almeida filed a claim against SUD by ViboPty Ltd T/A SUD Food and Wine. He alleged that he was dismissed because he exercised a workplace right.
Demanded payslips and other entitlements
According to records, the worker was employed as a waiter on 11 October 2022. Around April 2023, he was dismissed when told to leave the business premises after he demanded his payslips and other alleged entitlements.
He said he “asked for information” about his workplace rights, including access to his payslips, information on annual leave, hours worked, payment of wages and superannuation. He said his requests for information were “not resolved.”
On 11 April 2023, the employer texted the worker with the message, “You have to see me immediately." The following day, the parties discussed the messages sent to the manager, which included inquiries regarding payslips and other entitlements.
The worker said that the employer became angry and said, “You do not work in this business anymore. I don’t want you here anymore. You can leave”.
When the worker asked him, “What about work next week?” He said that the employer "walked outside, so he turned to the manager, who told him to leave."
The worker said that he did not attend work for the rest of the week, even though he had been rostered for shifts. He said he was not offered further shifts and said he was blocked from the employer's communication groups.
Employer says employee walked away
On the other hand, the employer said there was no dismissal and said the worker was “displeased” with a conversation between them and “walked away on the day that he was scheduled to work.”
It said it did not make any threats nor did it say that the worker “no longer works at the establishment.” The employer added that within hours of walking out on his shift, [the worker] sent an email “declaring [he be paid] his rewards, monies, holidays, his rights and the failures” [of the employer].
It said that from the worker’s emails and WhatsApp messages, it understood the [worker] “had no intention of returning.”
HRD previously reported about a worker who said she was fired. However, the employer said that she was not dismissed, and instead argued that she left abruptly without notice.
The employer said that after being placed on a performance management plan in February 2023, she reportedly “left the employer and never returned.”
The Commission’s consideration
In its decision, the FWC noted the employer’s direction for the worker to attend a meeting and said that “it can hardly be argued that a direction to attend a meeting to discuss conduct, behaviour or even any individual concerns amount to a dismissal at the initiative of the employer.”
“Such an instruction may be lawful and reasonable management action,” it added. “[The worker] walked away from the meeting, presumably had time to reflect and cool his temper; he reached a considered conclusion that he would not return, and this is articulated in the emails and numerous WhatsApp messages,” the Commission said.
Thus, the Commission said that the worker was not forced to resign, and he was also not dismissed by the employer. It then rejected the worker’s application.
