Employer’s refusal of request to work part time constituted constructive dismissal

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By Stephanie McGuigan

The Fair Work Commission has found that an employer’s unreasonable refusal of an employee’s request to work part time after a period of parental leave constituted constructive dismissal.

The enterprise agreement that applied to the employee provided a right to request to return from parental leave on a part-time basis. The employer could only refuse the request on reasonable business grounds. After the birth of her second child, the employee formally requested a gradual return to work, commencing on two days a week and increasing to three days a week in three months’ time…

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