Dismissal during notice period deemed unfair

Brunner v Amalgamated Marketing Pty Ltd [2015] FWC 7837 was a case where a sales executive resigned on a Friday giving three week’s notice and on the following Monday, when she was absent on sick leave, the employer asked her to return the office keys, mobile phone and her uniform, which she did. He then paid the employee a week’s notice because he formed the view the employee having resigned did not intend to return to work.

Senior Deputy President Richards found that the effect of the request was to deprive the employee of her tools of trade preventing her from working the notice period. He awarded the employee compensation for the balance of the notice period being two weeks because there was no valid reason for dismissing the employee and preventing her from working the notice period.