Op shop worker quits after telling his bosses there was a 'bullet with your name on it' and threatening them with bikies - before asking for his job back
Thor Dewar argued he quit in the 'heat of the moment' from Pek Care Op Shop, in Midvale, in Perth 's eastern suburbs, but should have been given the chance to retract his resignation.
However, Pek Care objected to Mr Dewar's unfair dismissal application, on the basis it had not dismissed him, but rather he had resigned.
The charity claimed Mr Dewar was given verbal warnings about his conduct and performance, and after a customer complaint in September last year, it issued a formal written warning and provided him with an opportunity to improve his behaviour.
The concerns included allegations Mr Dewar had watched 'demonic videos', played inappropriate music at work and repeatedly used the female toilets despite being told to stop.
It was also alleged Mr Dewar accused a co-worker of using drugs, gambling and having sex with numerous men and told his co-workers he had been in jail with one of the organisation's volunteers, who he alleged was charged with murder.
The organisation said it intended to raise the issues during a September 6 meeting, but claimed Mr Dewar 'hijacked the conversation and resigned'.
During the meeting, the worker allegedly told the manager and corporate manager that he knew bikies and they would 'be after Pek', 'you better watch your back' and 'there is a bullet with your name on it'.
He also allegedly made threatening gestures with a clenched fist and then said 'I'm done' and 'I'm out of here'.
The manager asked Mr Dewar for his keys, and after collecting his personal items, he allegedly threw the keys at his colleagues.
Later, the worker texted the corporate manager to ask about returning to the job and whether he had been fired, but was told he had resigned.
Mr Dewar said he felt as if nothing he said would be believed due to his previous incarceration, and he felt undervalued and underappreciated as an employee.
When asked whether he disliked Pek's management, Mr Dewar stated he had a lot of respect for them which was lost after their last conversation.
When pressed on why he would remain in employment at an organisation he disliked so much, he noted financial pressures and obligations requiring him to hold down a job.
He admitted to using the female toilets at work due to the poor condition of the men's bathrooms.
FWC commissioner Paul Schneider found while Mr Dewar resigned in the heat of the moment, Pek should have provided him with an opportunity to clarify the resignation after he cooled down rather than immediately accepting it.
But he found that the worker made 'direct threats to the personal safety' of his managers, causing them to be 'concerned for their personal wellbeing' and his threats alone justified his dismissal.
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