The PIP was live and a show-cause meeting loomed - then she hit send on her resignation

A care worker resigned the day before her show-cause meeting, then told the Fair Work Commission she was forced out. It disagreed.

In a decision handed down on June 19, 2026, the Fair Work Commission dismissed a general-protections claim from a former Care Advisor, finding she resigned voluntarily and was never dismissed by her employer, Proveda Ltd.

The case is a tidy walk-through of a scenario HR teams know well: a performance plan, a disciplinary process, a resignation, and a fight afterward over what really happened.

The worker started with Proveda in March 2024. By July 2025 she was on a performance improvement plan covering data accuracy, communication, time management and collaboration, with fortnightly check-ins. Then the stakes rose. In October, Proveda sent her a letter with three allegations it said were more serious than the PIP issues - a failure to follow workplace health and safety procedures, "inappropriate and unprofessional behaviour towards colleagues," and "interfering with colleagues' workflow and data integrity" - and moved them into a formal disciplinary track.

She went on sick leave, and the disciplinary meeting slid to November 12. She attended with a union officer and put in a written response. The next day, Proveda said it had formed a preliminary view that her conduct amounted to ongoing and serious breaches and called her to a show-cause meeting on November...

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