1 min read

Dismissal finding despite ‘heat of the moment’ resignation

The Case

Kemmis v The Ethical Ice Cream Co (Cairns) Pty Ltd (2022)

The Ethical Ice Cream Co (Cairns) Pty Ltd (Ethical Ice Cream) employed Ms Kemmis as Acting Assistant Manager.

In January 2020, Ethical Ice Cream became concerned with Ms Kemmis’ performance, including absenteeism, late attendance at work and rudeness. At a weekly meeting, Ethical Ice Cream raised its concerns with Ms Kemmis, who responded, “Well, I’ll walk then”. Ethical Ice Cream thereafter concluded Ms Kemmis’ employment on the basis of her resignation.

Ms Kemmis lodged a general protections claim involving dismissal, asserting she had been forced to resign. Ethical Ice Cream raised a jurisdictional objection, claiming it had not terminated Ms Kemmis’ employment.

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