Event and Time
Event Description
Mr. Smith commenced his employment with Rodger Constructions Pty Ltd as a casual labourer and later transitioned into a role where he was referred to as an “internal surveyor.” During his employment, Mr. Smith requested a pay rise, citing he could save the company money by performing duties typically assigned to external surveyors. Following a heated conversation regarding his pay rise and work conduct, Mr. Smith did not return to work, leading to a dispute over whether he was dismissed or resigned.
Application and Claims
- Mr. Smith's Claims:
- Requested a pay rise on the basis of taking on additional responsibilities. - Claimed he was unfairly dismissed following a confrontation with Graeme Rodger, asserting that the dismissal occurred when he was told to “fuck off."
- Company's Response:
- Contended that Mr. Smith was not dismissed, arguing the conversation did not constitute a dismissal. - Claimed Mr. Smith's employment did not fall under the Surveying Award 2010 due to lack of qualifications.
Judicial Decisions
The application filed on 20 May 2020 was dismissed. The court found that:
- An inquiry about a pay rise constituted a workplace right as per section 341(1)(c)(ii) of the Fair Work Act 2009.
- Mr. Smith was not dismissed; instead, he resigned.
- Mr. Smith did not qualify for coverage under the Surveying Award 2010.
Dispute Points and Legal Basis
Dispute Points
- Mr. Smith's Position:
- Argued that his inquiry about a pay rise was linked to a workplace right under the Fair Work Act. - Suggested that he was improperly dismissed after the confrontation, claiming emotional and career damage. - Presented evidence from cross-examinations and affidavits to support claims of unfair dismissal and entitlements.