When does an accepted offer become real employment?
A graduate nurse who pushed back on her hours lost her offer, then lost her bid to call it a dismissal at the Fair Work Commission.
In a decision handed down on 30 April 2026, Deputy President Clancy dismissed a general protections application brought by Karen Ketelaar against Ramsay Health Care Australia Pty Limited, trading as Beleura Private Hospital. The case turned on a question many HR teams quietly worry about: what happens when a candidate accepts a job, things go sideways before day one, and the offer is pulled?
Ketelaar had been offered, and accepted, a graduate nursing position. But she never commenced employment with Ramsay. According to the decision, she made enquiries and expressed views about the conditions of the role, in particular a requirement to work at 0.8 full-time equivalent. On 7 November 2025, Ramsay told her it would not be proceeding with the offer. Ramsay's position was that no contract of employment was ever offered because Ketelaar had not agreed to the conditions of the role, including the 0.8 FTE requirement.
For close to two weeks, Ketelaar tried to change Ramsay's mind. The decision notes she "spent the ensuing period until 20 November attempting to persuade the Respondent otherwise," but the answer stayed the same. She lodged her application with the Fair Work Commission on 29 December 2025, alleging she had been dismissed in contravention of the general protections provisions of the...
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