the Applicant v Catholic Education Western Australia Limited & Ms Annette Morey and Another
Citation: [2026] FWC 3176
At a glance
- Employees affected
- 1
What happened
the Applicant was employed as an Employment Relations Consultant by Catholic Education Western Australia Limited (CEWA) from February 2016 until April 2026. In April 2026, the Applicant resigned with four weeks' notice, requesting annual leave for the first week and a final working day of May 8, 2026. CEWA responded, acknowledging the resignation and offering payment in lieu of notice, effectively ending her employment on April 20, 2026. the Applicant argued she was dismissed or forced to resign.
What was decided
The Fair Work Commission found the Applicant did not experience a dismissal or was forced to resign. The Commission upheld CEWA’s jurisdictional objection and dismissed the Applicant’s application under the Fair Work Act. The Commission noted the Applicant resigned voluntarily after considering the matter and consulting her doctor. CEWA’s payment in lieu of notice did not alter the fact that the Applicant had resigned. The case was distinguishable from Terex Australia Pty Ltd v Cameron.
What it means for employers
Employers should carefully review their contracts of employment and ensure they understand the implications of offering payment in lieu of notice. While clauses allowing this are common, it's crucial to communicate clearly with employees to avoid misunderstandings about the termination date and potential claims of unfair dismissal or forced resignation. Responding to employee concerns and safety complaints is also vital.
What it means for employees
Employees should carefully consider their options when facing workplace issues and document any concerns raised. Resigning may be a valid choice, but it's important to understand the implications of any agreements with your employer, such as payment in lieu of notice, and seek legal advice if unsure.
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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