FWC examines whether employer's ultimatum during notice period constitutes dismissal
The Fair Work Commission (FWC) recently dealt with an employment dispute involving a worker who claimed she was dismissed after attempting to resign from her position.
The case centred on whether the worker had genuinely resigned or been constructively dismissed by her employer.
The worker argued that her resignation was made with a four-week notice period, but her employer rejected the terms of her resignation and effectively dismissed her during the notice period.
She maintained that the employer's conduct during the notice period transformed her resignation into a dismissal, making her eligible to pursue a general protections claim.
The employer disputed these claims, arguing that the worker had simply resigned and was not dismissed.
This disagreement over the fundamental nature of the employment termination created a jurisdictional dispute that required resolution before the substantive matter could proceed.
The worker started employment as a personal trainer in July 2024 but began experiencing back pain that worsened when working with clients using heavy weights.
In early March 2025 her condition deteriorated, prompting her to request work modifications to accommodate her pain.
The fitness company was willing to accommodate her for one week and sought medical advice about her condition. The worker provided a doctor's certificate indicating she was...
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