He quit and offered eight weeks. The payout that followed changed everything
A worker quit and offered eight weeks' notice. His employer said thanks, but you can leave now - and paid him out instead. That call just cost the company an argument at the Fair Work Commission.
The employee had worked at a Perth engineering company since March 2023. On January 21, 2026, he resigned and offered eight weeks' notice - far more than the two weeks his contract required.
The company accepted the resignation. But instead of letting him work out that long notice, it ended his employment on the spot and paid him three weeks in lieu: two weeks under the contract, plus one extra because he was over 45.
The employee saw it differently. To him, the decision to end things early, on the company's terms, was a termination. He applied to the Fair Work Commission for an unfair dismissal remedy.
The employer objected. It said the worker resigned freely, was never pressured or forced out, and never tried to withdraw his resignation. On that reading, there was no dismissal to rule on - a jurisdictional objection that, if it succeeded, would end the case before the merits were ever heard.
Everything hinged on one question: was the worker dismissed, or did he resign? Under section 386 of the Fair Work Act, someone is dismissed if their job ends on the employer's initiative, or if they resign but were forced to by the employer's conduct.
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