the Applicant v Fei Furner Pty. Limited
At a glance
- 1
What happened
the Applicant was employed as a cook at Fei Furner Pty. Limited's childcare centre from January 2024, working part-time for $29.57 per hour. On January 22, 2026, an incident occurred involving a child's food and interactions with educators. Following this, the Centre Director contacted the Applicant, stating complaints had been made and requesting she stay home. the Applicant claims she inquired about the complaints and a separation certificate. Fei Furner subsequently sent a letter stating her employment was terminated due to her verbal resignation, which the Applicant denies.
What was decided
The Fair Work Commission found that the Applicant was unfairly dismissed. The Commission determined that Fei Furner Pty. Limited did not have a genuine reason for dismissing her. The company's reliance on a verbal resignation was not substantiated, as the Applicant denied making such a statement. The Commission considered the circumstances surrounding the events of January 22, 2026, and the subsequent communication between the Applicant and the Centre Director. The Commission ordered compensation to be determined at a future hearing.
What it means for employers
Employers must ensure they have a genuine reason for dismissing an employee and follow a fair process. Verbal resignations are difficult to prove and require clear communication and documentation. Employers should investigate complaints thoroughly and provide employees with details before taking disciplinary action. Failing to do so can lead to findings of unfair dismissal.
What it means for employees
Employees have the right to understand the reasons for disciplinary action and to respond to allegations. If an employer's actions seem unfair, employees should seek advice and consider making an application to the Fair Work Commission. It is important to document all communications with your employer.
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