In a recent case, Harley v Aristocrat Technologies Australia Pty Ltd [2010] Fair Work Australia (FWA) ruled an employer guilty of unfair dismissal after it found that the employee in question had actually been constructively dismissed, or in other words, forced to resign.
The employee resigned from his job in late 2009 after the company sent him a letter asking him to prove why he should not be dismissed. According the company, the employee had a poor sales performance record and they had received a number of customer complaints against him.
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By Charles Power posted May 25th 2010
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