General manager’s inappropriate out-of-hours conduct found to have constituted dismissal
Joel Amey v Organic Life Distribution Pty Ltd (2023)
Mr Amey commenced general protection proceedings alleging Organic Life Distributions terminated his employment for exercising a workplace right, namely lodging a workers’ compensation claim. Mr Amey argued the General Manager of Organic Life Distributions had sent him 200 inappropriate messages on Facebook, including one that told him to “lawyer up”. Mr Amey argued that by this conduct, the General Manager had terminated Mr Amey’s employment. The Director of Organic Life Distributions apologised for the General Manager’s conduct and claimed that Mr Amey had not been dismissed from his employment.
Get the latest employment law news, legal updates, case law and practical advice from our experts sent straight to your inbox every week.