the Applicant v Cull & Harding Pty Ltd
At a glance
- 1
What happened
the Applicant commenced employment with Cull & Harding Pty Ltd. She subsequently filed an application for unfair dismissal. The Fair Work Commission considered whether the Applicant was unfairly dismissed or whether she resigned. The company is described as a business. The Commission noted that the employee resigned.
What was decided
The Fair Work Commission dismissed the Applicant’s application for unfair dismissal. The Commission found that the Applicant resigned from her employment and was not forced to resign. The application was dismissed on a jurisdictional objection. As stated in the decision, “the Applicant v Cull & Harding Pty Ltd – [2026] FWC 182”, the application was dismissed because “employee resigned – no forced resignation – jurisdictional objection upheld”.
What it means for employers
Employers should ensure that resignation processes are clearly documented and understood by employees. This helps to distinguish between a voluntary resignation and an unfair dismissal situation.
What it means for employees
Employees should carefully consider their actions and the circumstances surrounding their departure from employment. A resignation, even if contentious, may not constitute an unfair dismissal.
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