A collapsed business sale left her jobless - then the Commission ruled on who ended the employment
A worker wound down her job, moved out of her company house, and lined up a role with the buyer of the business. Then the sale collapsed - and she was out of work.
The Fair Work Commission ruled on August 11, 2026 that the administrative employee was not dismissed when her employer's business sale fell through. It found she had resigned through her own conduct, even though she never said the words.
The employer, a Western Australian mine maintenance company, agreed in April 2026 to sell its business assets to another firm. Under the deal, the buyer would offer jobs to the seller's staff, effective on completion, set for June 1, 2026. Those offers were conditional on employees resigning from the seller at completion.
The worker had held an administrative role since around September 2024 and lived in company-provided accommodation. As the transition took shape, she finished work on May 21, was paid through May 24, and prepared to relocate before starting with the buyer. Her expected start date with the buyer was May 27 - before the sale had completed.
On May 25, the buyer told the seller it was pulling out. The deal was off.
Three days later, the worker emailed the company's managing director asking for written clarification of her employment status. She wrote that the buyer "has verbally offered me a role but I have not received a contract," and said she had been due to start...
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