Sometimes we say things in the heat of the moment or sometimes we are put in limbo when it comes to the future of our employment. The Fair Work Commission recently heard a case of unfair dismissal in Queensland in regards to whether an employee was terminated at the initiative of the employer.
In Hudson v The PJ Sourris Family Trust & James P and Christopher P Sourris t/a Aspley 10 Pin Bowl  FWC 2227, the Applicant was employed as a casual who worked on a regular and systematic basis (approximately 3 shifts a week for 18 months). In November, the Applicant received a formal warning and in December the Applicant’s hours were reduced to only two shifts for the entirety of December.
The Commission decided that the decision by the Company to not give any shifts in January to the Applicant, with no mention of shifts in the future, constituted dismissal under section 386 of the Fair Work Act 2009 (Cth). The Company argued that the Applicant had dismissed himself when he had requested a separation certificate from the Company in January. The Commission adjudicated that requesting a separation certificate was not an incitement of resignation because at that point in time the Company had already ended the employment relationship. The Commission in Queensland went further to find that there was no valid reason for dismissal and that the Applicant was not notified of any reason for dismissal and subsequently was not given the opportunity to respond to any allegations. The Commission found such a dismissal to unfair dismissal as it was harsh unjust and unreasonable. Simpson C of the Fair Work Commission Queensland ordered compensation to the Applicant for the unfair dismissal.
 Hudson v The PJ Sourris Family Trust & James P and Christopher P Sourris t/a Aspley 10 Pin Bowl  FWC 2227.