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.
