FWC ruling clarifies when revoking system access mid-notice is defensible
An occupational therapist who quit, was offered a performance plan, and sent a farewell message to a colleague has lost her bid to argue she was sacked.
The Fair Work Commission handed down its decision on 8 May 2026, dismissing the unfair dismissal application brought by Smyrna Parvez against Kaizen Hospitals (Mount District) Pty Limited.
Parvez voluntarily resigned as an occupational therapist after approximately seven months employment on 2 November 2025, giving four weeks' notice through to 28 November 2025. That was longer than she was required to give, and it does not appear to be in dispute that the hospital accepted her extended period of notice.
On the morning of 12 November 2025, Parvez was called into a meeting with the hospital's Hospital Director and Director of Nursing, Kylee Rotherham, and Allied Health Manager, Emily Kenna, to discuss concerns raised by an occupational therapy student and her performance. She was offered two options: bring forward her cessation date by reason of her resignation to 14 November 2025 and take annual leave until then, or maintain her cessation date of 28 November 2025 and work under a performance management plan for the remaining notice period.
Parvez was given time to consider the options. Her account of how long she sat in her car differed between her Form F2 application and her witness statement. In the application she said she sat in her car crying...
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