The meeting he recorded became the key evidence in his forced-resignation claim
A chef who quit during a pay dispute, then argued he was forced out, did not persuade the Fair Work Commission he was dismissed.
In a decision dated July 28, 2026, the Commission dealt with a single question: had the worker resigned voluntarily, or had his employer left him no real choice but to go? The answer shaped everything that followed.
The worker, a chef at a Melbourne early learning centre, raised concerns about his pay two days before he quit. In an email to his manager, he said he had been underpaid one hour across two pay periods, that his annual leave balance appeared wrong, that he had not been paid overtime under the applicable award, and that his superannuation and sick leave looked incorrectly calculated.
He asked for a full and urgent review and gave the employer seven days to correct any errors. If the issues were not resolved, he said, he would contact the Fair Work Ombudsman. He added that he had been offered another job paying $40 per hour, wanted a pay increase "effective immediately," and asked for a response by 5pm the following day. If none came, he said he would "make [his] employment decision accordingly."
The employer, Paisley Park Early Learning Centre, did not agree to the pay increase by the deadline. Instead, it invited him to a meeting with his supervisor, the chief executive and the HR manager to better understand his concerns. He asked to bring a support...
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