A Tasmanian disability support provider has been ordered to pay more than $12,000 to a former employee after ignoring an unfair dismissal case brought against it.
The Fair Work Commission found Inspire Support Services Tas Pty Ltd unfairly dismissed its administration and rostering officer earlier this year.
The worker had emailed sole director Leanne Pearton in January proposing to step back from permanent work and instead support some of the company’s clients independently, while remaining available casually.
Pearton treated the email as a resignation, cut the worker’s system access, removed her shifts and asked for company property back.
The commissioner found the emails were a proposition open to discussion, not a clear resignation.
“At no point did I formally resign from my role,” the worker wrote to Pearton on February 4.
“I had full intention of continuing my employment with Inspire Support Services Tas Pty Ltd.”
The commissioner said Pearton should have clarified the worker’s intentions before acting.
“In my view these were the acts that brought about the cessation of the employment – not those engaged in by the applicant,” the commissioner said.
The company did not respond to repeated contact from the commission, including emails, a text and express post to its registered office. Two hearings went ahead without it.
The commissioner also noted the worker was usually paid late, was not paid superannuation beyond a single instalment and did not receive her final week’s wages or accumulated entitlements.
The commissioner ordered the company to pay the worker $11,275.20 plus $1,353.02 in superannuation within 14 days.
The worker, who represented herself, did not seek reinstatement and has since gone into business with her husband.
