Employer issued termination then attempted rescission. Did the worker truly resign?
The Fair Work Commission (FWC) recently dealt with a jurisdictional dispute involving whether a worker had resigned or been dismissed from her position.
The case centred on whether an employer could unilaterally withdraw a termination notice without the worker's consent.
The worker argued she had been forced to resign after her employer issued a termination notice and then attempted to rescind it days later.
She maintained that the stress of receiving conflicting messages about her employment status, combined with concerns about damage to her professional reputation, left her with no choice but to resign.
The employer disputed this version of events, arguing the worker had voluntarily resigned and was therefore not dismissed within the meaning of the Fair Work Act 2009.
The worker started employment as a social worker at Blissful Ways Wellness Services in August 2024. The director initially found her performance satisfactory, but concerns emerged after a six-month performance review in February 2025. During this review, the worker indicated an intention to resign from May 2025.
However, the worker later argued this should not have been taken as a definitive resignation. She explained she was in an "unsettled state of mind while answering the prompts in the review" and that the director "did not attempt to formalise what [the director]...
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