Worker argues ‘heat of the moment’ resignation amid frustrated conversation
The worker claimed that her employer took adverse action against her under sections 340 to 343, 351, and 352 of the Fair Work Act 2009.
The employer raised a jurisdictional objection that the worker was not dismissed under section 386 of the Act, as the worker resigned from her employment on 5 May 2025. The worker contested the objection, arguing that there was no resignation on 5 May 2025.
Alternatively, the worker argued that if she did resign on 5 May 2025, it was a resignation in the heat of the moment and was not subsequently affirmed.
On 3 March 2020, the worker commenced employment with the employer. At the time of her dismissal, the worker was employed in the position of ANZ sales coach. The employer was a company that provided human resources advice and work, health and safety advice.
The employer had previously accommodated the worker's relocation from Brisbane to Sydney and from Sydney to Perth. Since mid-last year, the worker had been working towards opening her own business providing sales training, which she described as a "side hustle". The worker said she was open with the employer regarding this ambition.
In late March 2025, the worker was informed that her mother had been diagnosed with cancer.
The worker texted her manager on 21 March 2025: "I'll be in tomorrow. I'm not flying to QLD just yet. Today was to discuss with the family what's...
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