the Applicant v S+S Hair And Beauty
Citation: [2023] FWC 2864
At a glance
- Employees affected
- 1
What happened
the Applicant commenced working for S+S Hair And Beauty. The employer sent the Applicant a letter advising of a disciplinary meeting. She resigned the day before the meeting. the Applicant claimed her resignation was due to the alleged disciplinary action. The Fair Work Commission considered whether the Applicant’s resignation was a dismissal.
What was decided
Deputy President Easton found that the Applicant’s resignation was not a dismissal. The Commission noted that the employer’s letter, while concerning, did not constitute a dismissal. The decision states, 'the employer sent a disciplinary meeting letter advising of a meeting'. The application to deal with contraventions was dismissed.
What it means for employers
Employers should ensure that any disciplinary processes are handled carefully. A letter advising of a disciplinary meeting, while not a dismissal in itself, can lead to an employee’s resignation and potential claims. Clear communication and fair process are essential.
What it means for employees
If an employee resigns due to concerns about potential disciplinary action, it is important to consider whether the resignation was effectively a dismissal. Seeking legal advice can help determine the appropriate course of action.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2023fwc2864.pdfSend your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections