Date: 10 April 2025
Court: Fair Work Commission
Judge(s): Mirabella C
Judgment date: 8 April 2025
Catchwords: Employee claimed WFH arrangement — employee asked to improve — employee resigned in response — resignation was not forced

Abstract:

In Adam Webster v Archsign Pty Ltd [2025] FWC 984, the Fair Work Commission (FWC) held that an employee who resigned after taking offence that he was asked to improve over a period of two weeks was not forced to resign. Therefore, there was no dismissal for the purposes of an unfair dismissal claim.

Background

The applicant was employed by the respondent as an architectural draftsperson from 29 January 2024.

On 9 September 2024, the applicant worked from home (WFH). The applicant was absent from work the following day and said he was unwell but returned to work on 11 September 2024.

The applicant submitted that WFH was in accordance with an agreement that he had reached with his manager, who was on leave. The respondent’s operations manager (Mr Cizmic) took issue with whether there was a WFH arrangement.

Decision

The FWC accepted the evidence of Mr Cizmic…