Resigning employee’s constructive dismissal claim rejected
Dellicastelli v Healius Pathology Pty Ltd t/a Dorevitch Pathology (2022)
Healius Pathology Pty Ltd (Healius) employed Ms Dellicastelli. Ms Dellicastelli was accused of intimidating her fellow work colleagues. In a meeting with Healius’ HR manager, Ms Dellicastelli’s conduct was discussed, along with her request to cash out her annual leave. Healius refused Ms Dellicastelli’s request to cash out her annual leave, but said that if Ms Dellicastelli resigned her employment, her annual leave would be paid out. In discussions about Ms Dellicastelli’s conduct, Healius indicated that Ms Dellicastelli would be subject to disciplinary action but her employment would not be terminated.
Ms Dellicastelli thereafter resigned her employment, stating that Healius’ HR manager had suggested that it would be the best action for her to take. Ms Dellicastelli thereafter made an unfair dismissal claim with the Fair Work Commission (FWC).
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