the Applicant v M.J. Harris Group Pty Ltd
Citation: [2025] FWC 2442
What happened
the Applicant commenced employment with M.J. Harris Group Pty Ltd. The company is in the construction industry. the Applicant resigned from his position. The Fair Work Commission found that he was effectively dismissed because he was not paid for his work. the Deputy President heard the application.
What was decided
The Fair Work Commission found the Applicant’s dismissal was unfair. the Deputy President determined that his resignation was, in substance, a dismissal because he was not paid. The Commission considered arguments about whether the resignation was voluntary. It found that the failure to pay wages resulted in a dismissal. No penalty was ordered.
What it means for employers
Employers must ensure timely payment of wages to avoid constructive dismissal claims. Failure to pay wages can be interpreted as a dismissal, even if an employee formally resigns.
What it means for employees
Employees who are not paid for their work may be considered unfairly dismissed, even if they resign. This highlights the importance of receiving wages and the potential legal recourse if payment is not received.
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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