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Voluntary resignation found where employee refused to wear face mask

The Commission found the applicant had options for attending work or obtaining additional medical evidence to support an exemption. The Commission observed that the applicant did not exercise those options but instead wrote to the respondent to inform them of her resignation. As a result the Commission held that her resignation was voluntary, and the applicant was found not to have been dismissed.

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Voluntary resignation found where employee refused to wear face mask

The Commission found the applicant had options for attending work or obtaining additional medical evidence to support an exemption. The Commission observed that the applicant did not exercise those options but instead wrote to the respondent to inform them of her resignation. As a result the Commission held that her resignation was voluntary, and the applicant was found not to have been dismissed.

The Commission concluded that the applicant was ‘utterly unrepentant’ about the conduct which caused his dismissal and that the applicant’s beliefs about the pandemic made him ‘impervious to directions and warnings from management’. The Commission found that the dismissal was not harsh, unjust or unfair. The application was dismissed.

A probationary period is an important time used by employers to assess if employees are suitable for the role and business and determine whether the employment relationship should continue.

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