Employer tells worker: 'It's best that you finish up now'
A worker recently filed a dismissal claim before the Fair Work Commission (FWC), alleging she was unfairly dismissed via text. Meanwhile, the employer argued that she wanted to leave since she was “unhappy,” juggling her time with another job and studies.
On June 30, 2023, the worker Paula Laorga, filed an application with the FWC against her employer, Anastasia Bennett. Laorga worked as a nanny for the latter's two children from at least June 14, 2022, until around September 1, 2023.
The FWC decided on whether the worker resigned or was dismissed and if she consented to her termination on September 1, 2023.
Laorga's employment was governed by two employment agreements dated May 12, 2022, and August 7, 2023, respectively. Each agreement allowed for termination with four weeks' written notice from either party.
Initially, the worker worked four days a week, which was later reduced to three days and eventually to two days at her request.
Additionally, the worker secured additional employment with King Furniture in early 2023 and decided to focus on that role and her studies, leading to her decision to cease employment with Bennett.
Worker ‘resigned’ during a conversation
The worker claimed she initiated a conversation with the employer on August 30, 2023, expressing her intention to resign due to her increased workload and commitments elsewhere.
Both parties provided their recollections of the August 30, 2023, conversation during the hearing. The worker stated that she explicitly expressed her intention to resign, whereas the employer recalled a conversation where the worker indicated her unhappiness with her workload and requested to finish her employment immediately. The employer’s said recollection of their discussion included these statements to the FWC:
“She told me she was quite upset, she was very busy because she, you know, took on the King Living job, her studies. She said, 'You know I like your family very much, I love the girls, I love working with you,’ she says, ‘but I can't work any longer.’ She said, 'I don't have time for anything else'.”
Employer's text message
On September 1, 2023, a text exchange between the parties confirmed the termination, with the employer expressing understanding and wishing the worker well. The following conversation happened between them:
Bennett: "Hi Paula, thanks for the chat earlier in the week. We are obviously disappointed as we had been very flexible in all things, including reducing days from 4 to 3 and then 2 days at your election. But I understand the issues you are having with the workload.
With all that in mind its best that you finish up now and I really want to wish you all the best in the next part of your career. Well still stay in touch of course.”
Laorga: "I understand, I’m sorry, I’ve done my best"
Bennett: "It’s okay I understand. Enjoy your weekend. Xx"
Fired with consent?
In her unfair dismissal application, the worker claimed that she was “totally counting on the salary of at least one more month working for them.” On 12 October 2023, in separate proceedings with the Fair Work Ombudsman regarding leave payments, the worker provided a statement that stated: “I resigned on the 30 August 2023, and I gave notice but I still I wanted to be available”.
The FWC found that the worker was dismissed by text message on 1 September 2023, when she was advised, “With all that in mind, it’s best that you finish up now.”
It said that “the dismissal was effectively with the consent of the [worker] whose desire was to leave employment with the [employer], and pursue the existing employment with King Furniture on an expanded capacity as soon as possible.”
“In those circumstances, there was a valid reason for the dismissal,” it added.
Consequently, the FWC said that the employer was justified to dismiss the worker, and since it was “effectively with the consent of the [latter],” her termination was not harsh, unjust or unreasonable. Thus, it dismissed the worker’s application against the employer.
