Modifying an employee’s role found not to constitute dismissal
The Case
Ms Belinda Williams v Valley Healthcare Group Pty Ltd (2023)
Valley Healthcare Group Pty Ltd (VHG) employed Ms Williams as a Human Resources (HR) Manager. Ms Williams made an application for unfair dismissal in the Fair Work Commission (FWC), arguing she was forced to resign when VHG modified her role. In modifying the role, Ms Williams would not be the HR Manager, nor perform a recruitment function for part of the VHG business known as the South Coast Facility Service (SCFS). SCFS decided to perform these functions in-house.
In addition, Ms Williams’ reporting line was changed. VHG argued that the changes were due to Ms Williams’ complaints of excessive workload, along with business needs.
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