the Applicant v The Trustee For F & B Soleimani Trust
Citation: [2026] FWC 2647
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission alleging she was unfairly dismissed from her employment with The Trustee For F & B Solemana Trust. She claimed her resignation was forced upon her due to workplace issues and a reduction in working hours. the Respondent argued the Applicant resigned voluntarily, not because of their actions, and objected to the application on jurisdictional grounds. Evidence presented included a written resignation dated January 17, 2026.
What was decided
The Fair Work Commission dismissed the Applicant’s application for general protections relief. the Commissioner found she did not resign due to being forced by her employer's conduct, but rather made a voluntary decision. The commission accepted the validity of her written resignation and noted available options like raising concerns with management or external authorities which were not pursued. The case was decided based on whether the Applicant had no real choice but to resign.
What it means for employers
Employers should ensure clear communication channels exist for employees to raise concerns, particularly regarding safety and working conditions. Providing avenues for escalation and encouraging their use can help demonstrate that an employee’s resignation wasn't a direct result of employer actions. A written resignation is generally strong evidence of voluntary departure.
What it means for employees
Employees facing difficult situations at work have options beyond resigning, such as raising concerns internally or seeking external assistance. While employers should provide avenues for employees to voice their issues, ultimately an employee's decision to resign needs to be considered in the context of whether they felt forced into that action.
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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 →