Employer accepts resignation but behavioral concerns develop during notice period
The Fair Work Commission (FWC) recently dealt with a jurisdictional question involving a beauty salon manager whose employment ended after submitting what she described as a business proposal, but the employer treated it as a resignation.
The case arose when the worker sent an email in May 2025 outlining pay and commission options with a conditional resignation threat, leading to workplace tensions and the employer's decision to terminate the employment relationship earlier than originally agreed.
The worker argued her email constituted a business proposal rather than an actual resignation, while the beauty salon owner maintained she had accepted the worker's resignation and agreed to a four-week transition period.
However, citing concerns about the worker's behavior during the notice period, the employer decided to end the employment two weeks early rather than allowing the full transition period to mid-June.
The worker was employed from September 2024 to manage the beauty salon business and introduce new treatments, receiving both salary and commission payments in the small enterprise, which employed approximately six staff.
In May 2025, dissatisfied with her compensation arrangements, the worker sent an email to the owner presenting two options for improved pay and commission structures.
The email concluded with a conditional...
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