The phrase "no later than" in her letter became the center of an FWC dispute
A physiotherapist's vague resignation letter turned into a Fair Work Commission battle over whether she quit or was pushed out.
Ashleigh Childs worked as a part-time paediatric physiotherapist at Smilestones Therapy Pty Ltd, having commenced employment on January 6, 2025. On August 28, 2025, she submitted her resignation. Her letter stated her final working day would be "no later than 25 September 2025."
That phrase became the center of a dispute that would land before the Fair Work Commission.
The next day, Kim Fischer from Smilestones responded with a different timeline. She informed Childs her final working day would be September 11, 2025. Childs acknowledged the change on September 1, 2025, noting in her response that the employer did not wish her to work the final two weeks of the notice period.
Her employment ended on September 11, 2025. But the matter was far from over.
On September 28, 2025, Childs filed an application with the Fair Work Commission alleging she had been dismissed in contravention of general protections laws. She argued that Smilestones had terminated her employment early to avoid paying her for the final two weeks, contending this was an act of discrimination based on her resignation.
Smilestones disputed the claim entirely. The company maintained that Childs had resigned voluntarily and both parties had agreed on the end date. As a small business with fewer than 15...
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