the Applicant v Hawkesbury District Agriculture Association
What happened
the Applicant was employed by the Hawkesbury District Agriculture Association from June 2018 until she resigned in December 2025. She claimed she was forced to resign due to the association’s conduct. The association reviewed its governance arrangements, implementing changes like new financial processes and engaging an HR consultant. the Applicant felt her job functions were removed and she was excluded from decision-making.
What was decided
The Fair Work Commission found the Applicant was not unfairly dismissed. The Commission determined she resigned voluntarily, not because she was forced to. To be dismissed, an employer’s actions must lead to termination, or force resignation due to their conduct. The association’s changes were part of a governance review, not intended to force the Applicant to resign.
What it means for employers
Employers can implement governance changes and new processes. These changes should be part of a broader strategy, not targeted at individual employees. Consultation with employees about changes is good practice, but not always required.
What it means for employees
If you feel pressured to resign due to your employer’s actions, document the events. Understand that a voluntary resignation isn't considered unfair dismissal unless the employer’s conduct forced you to leave.
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