the Applicant v Iris Group Management Pty Limited
Citation: [2026] FWC 2154
At a glance
- Employees affected
- 1
What happened
the Applicant worked as a casual employee for Iris Group Management Pty Limited from February 2025, resigning on April 5, 2026. He claims his resignation was forced due to the company's failure to properly implement and manage his return-to-work plan following an ankle injury. The plan outlined modified duties and restrictions. While adjustments were made initially, the Applicant felt his concerns weren’t consistently addressed or communicated to supervisors, leading him to resign.
What was decided
the Deputy President ruled that the Applicant was not dismissed from Iris Group Management Pty Limited, even though he resigned. The decision hinged on whether the resignation was voluntary. While issues existed with adhering to his return-to-work plan, the commission found the company addressed concerns when raised and the Applicant did not consistently report problems or decline duties outside of his plan. As a result, his general protections application under s.365 of the Fair Work Act 2009 was dismissed.
What it means for employers
Employers should ensure return-to-work plans are properly implemented, reviewed, and communicated to all relevant staff. Promptly addressing employee concerns regarding work duties and restrictions is crucial. Encourage employees to report issues immediately and provide clear guidance on declining tasks outside approved plans.
What it means for employees
Employees with return-to-work plans have a responsibility to adhere to the plan’s guidelines, including reporting any difficulties or performing duties outside of their restrictions. Resigning may not be considered an involuntary dismissal if these obligations aren't met, even if there are workplace issues.
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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 →