FWC warns employers planning structural changes in recent case
29 Apr 2025
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The Fair Work Commission (FWC) recently dealt with a jurisdictional objection in a general protections dismissal dispute, where a worker claimed she was forced to resign from her position.
The worker argued that her employer's conduct left her with no real choice but to resign. She pointed to a company restructure that would have transferred her employment to a different entity without properly addressing her longstanding workplace concerns.
The employer denied this characterization, arguing the worker had voluntarily resigned and therefore wasn't eligible to make an application under the Fair Work Act's general protections provisions. They raised a jurisdictional objection claiming she wasn't "dismissed" within the meaning of the law.
The worker was employed by On Call Staffing Solutions Pty Ltd (On Call), which was part of a corporate group that included Lumia Care Services Pty Ltd (Lumia). The companies operated in the home care and community services sector.
In October 2024, the chief people officer of both companies (CPO) sent an email announcing plans to move all employees under Lumia Care Services. The message stated: "Lumia Care is moving closer to implementing a unified rostering system across all home care and community-based businesses under Lumia Care... With this upcoming change, we are a step closer to issuing new...
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