Can ending a live-in arrangement and role without a formal dismissal count as termination?
22 May 2025
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The Fair Work Commission (FWC) recently examined whether a worker had been unfairly dismissed after being removed from a leadership position and required to leave her employer-provided accommodation.
The worker said she had no opportunity to respond to concerns about her performance and was never formally told her job was at risk. After the role ended, she received no instruction to return to work and believed she had been terminated.
Weeks later, the employer issued a second letter, this time alleging serious misconduct. The worker denied the accusation.
The FWC reviewed both the performance concerns and the later allegation to determine whether the dismissals were justified and how the situation should be resolved.
The worker had started in early 2022 as a part-time assistant. In December 2023, she moved into employer-provided accommodation and began a live-in role. In August 2024, she was promoted to a new position as house coordinator.
By September, concerns were raised about her performance. A senior manager informed her that other team members and family representatives had made complaints.
She was told she needed to improve her consistency, leadership, and ability to create a cohesive household environment.
The worker gave a written response on 11 September 2024. A follow-up meeting took place the next day, where...
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