the Applicant v Health First Group Pty Ltd
At a glance
- 1
What happened
the Applicant, an Occupational Therapist from South Africa, was recruited by Health First Group Pty Ltd in late 2024 and commenced employment in May 2025 under a 407 Training Visa. She alleged she was unfairly dismissed, but the Respondent argued she resigned voluntarily. the Applicant claimed she lacked adequate structured training and supervision as required for her visa and AHPRA registration. She raised concerns about this with a director, Mr Podbury, who initially reassured her but later stated informal support constituted training. Following these issues, the Applicant resigned on November 17, 2025, after being employed for approximately six months.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. The Commission found she did not experience a dismissal but rather voluntarily resigned from her employment. the Applicant primarily relied on s.386(1)(b) of the Act to establish a dismissal, however in the alternative submits the termination is a dismissal under s. 386(1)(a) on the basis of repudiation of the contract. The Commission accepted the Respondent’s argument that the Applicant resigned.
What it means for employers
Employers sponsoring employees on training visas must ensure they provide adequate structured training and supervision as per visa requirements and professional registration standards. Failure to do so can lead to disputes over employment conditions and potential legal challenges, even if the employee ultimately resigns.
What it means for employees
Employees on training visas should carefully assess whether their employer is fulfilling its obligations regarding training and supervision. If concerns arise, employees should document these issues and seek advice before resigning from their position.
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