| [2025] FWC 1822 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.365—General protections
Xanthie Thomson
v
Tristan Rasmussen
(C2025/1526)
| DEPUTY PRESIDENT LAKE | BRISBANE, 25 JULY 2025 |
Application to deal with contraventions involving dismissal – jurisdictional objection - whether resignation or dismissal – factual dispute – jurisdictional objection upheld – application dismissed
Ms Xanthie Thomson (the Applicant) lodged a general protections application involving dismissal with the Fair Work Commission (the Commission) on 27 February 2025. The Applicant claims that adverse action was taken against her by Tristan Rasmussen (the Respondent) under s.340, 341 and 343 of the Fair Work Act 2009 (Cth) (the Act).
The Respondent raised the jurisdictional objection that there was no dismissal under s.386 of the Act as the Applicant resigned from her employment. The Applicant contests the objection and alleges that the Respondent dismissed her.
I conducted a determinative conference on 2 May 2025. Both parties were self-represented.
Background
The Applicant is a film maker and producer and was employed on a part-time basis as a producer for a small film studio, Pluggas, owned and run by the Respondent.[1]
The Respondent engaged her for a couple of days a week with a varied range of duties that included administrative and project duties as well as broader business functions and the opportunity to undertake some creative work.
Separately, the Applicant also had some other employment activities with other organisations, some voluntary and some paid, on the days that she was not working for Pluggas. The Applicant was also working on her own feature film, which she stored on the Respondent’s server.
The Applicant was employed by the Respondent since August 2023. The events leading up to the alleged dismissal occurred in January and February 2025.
From 13 January 2025 to 16 January 2025, the Applicant was involved as an employee in managing a filmmaking workshop.[2] On the second day of that project, 14 January 2025, the Applicant had a disagreement with the Respondent’s partner, Ms Sabrina Dervis.[3] Ms Dervis is also an employee of the Respondent. The Applicant states that she felt she was being bullied and undermined by Ms Dervis throughout the project.[4]
On 25 January 2025, the Respondent sent the Applicant an email regarding her timesheet. The Respondent stated that the Applicant had been spending more time on the tasks than had been allocated. The Respondent requested that the Applicant seek approval for work beyond her allocated hours. The Respondent said: “I can understand your desire to work longer on these short film and series projects to make them better, but we only have a specific amount of time/wages allocated.”[5] The Applicant submitted 48.5 hours for the week in question, including time spent on a freelancing project. The Respondent approved 32 hours.[6]
The Applicant felt offended by the Respondent’s email and said she wanted to speak with him privately.[7] The Applicant felt that the Respondent was not accommodating her disability which caused her to spend more time on tasks. The Applicant texted…
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- [2025] FWC 1822
- Decision Date
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