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FWCFair Work Commission · 31 December 2024

the Applicant v Goodstart Early Learning Ltd

Citation: [2025] FWC 3724

What happened

the Applicant commenced employment with Goodstart Early Learning Ltd. The Commission considered whether the Applicant was dismissed or if her employment ended due to her own actions. the Applicant argued her employment ended because of the Respondent’s conduct. The Fair Work Commission had to determine if a dismissal occurred for the jurisdictional objection.

What was decided

The Fair Work Commission found that the Applicant’s employment ended because of the actions of Goodstart Early Learning Ltd. The Commission rejected a jurisdictional objection, meaning the case could proceed. the Commissioner stated, “the Applicant’s employment ended because of the conduct of the Respondent.”

What it means for employers

Employers should be aware that actions leading to an employee’s departure can be considered a dismissal, even if the employee resigns. This can impact the ability to defend a claim.

What it means for employees

Employees who feel forced to resign due to their employer’s actions may have grounds to pursue a claim, even if they formally resign. It is important to document any relevant events.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3724.pdf

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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 →

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