the Applicant v Birchan Pty Ltd Trading As Vic’s Premium Quality Meats
At a glance
- 1
What happened
the Applicant commenced employment with Birchan Pty Ltd (Vic’s Premium Quality Meats) in June 2022 as a pick packer. She suffered a shoulder injury and was on workers' compensation leave for three months. In July 2025, she discussed annual leave plans with her manager, the manager, who initially approved them. Later, she was asked to take six weeks of annual leave, which she opposed. Following an email expressing concerns about the forced leave, Birchan initiated an investigation into her claims. The investigation found her complaints false and misleading. After a meeting on August 15, 2025, where these findings were presented, the Applicant stated she was leaving and cleared out her locker. Birchan accepted her resignation effective immediately.
What was decided
The Fair Work Commission ruled that the Applicant was unfairly dismissed from her employment with Birchan Pty Ltd. The Commission found the Respondent had not provided a valid reason for her dismissal, noting that she was an employee and the investigation findings were unsubstantiated. While the Respondent initially claimed the Applicant resigned, the Deputy President accepted her evidence that she did not. Remedies were awarded to the Applicant.
What it means for employers
Employers must ensure any requests for employees to take leave are handled fairly and with proper consultation. Accusations of coercion or inappropriate direction regarding leave entitlements should be investigated thoroughly and impartially. Employers need clear processes for handling employee complaints and ensuring investigations are fair and transparent, with adequate evidence.
What it means for employees
Employees have the right to raise concerns about workplace practices without fear of reprisal. If an employer acts unfairly or coerces an employee into taking leave, it may be considered unfair dismissal. Employees should document any relevant communications and seek advice if they believe their rights are being violated.
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