the Applicant v Hills Health Pty Ltd
Citation: [2026] FWC 3237
At a glance
- Employees affected
- 1
What happened
the Applicant worked as a Field Technician Supervisor for Hills Health Pty Ltd from 2015. In September 2025, he received a letter regarding his performance and compliance with leave policies. Following this, his wife notified the company he was unwell and unable to work. the Applicant submitted a medical certificate, which Hills Health found suspicious and investigated. The certificate was not found in the hospital's records. the Applicant then left a voicemail message. He commenced an unfair dismissal application.
What was decided
The Fair Work Commission determined that the Applicant was not unfairly dismissed from Hills Health Pty Ltd. The Commission found that he resigned, but was forced to do so due to the employer's conduct. However, the Commission ruled that he had not been dismissed as defined by the Fair Work Act, and therefore dismissed his application. The decision hinged on whether the Applicant was dismissed, and the Commission found he resigned.
What it means for employers
Employers should ensure performance concerns are addressed through documented processes and warnings. Thoroughly investigate suspicious medical certificates, but avoid actions that could be perceived as forcing an employee to resign. Consistent application of leave policies is important, but consider the impact on employee wellbeing.
What it means for employees
If you feel pressured to resign due to an employer's actions, it's important to understand the legal definition of 'dismissal'. Resigning, even under duress, may not always be considered unfair dismissal. Seek legal advice if you believe your resignation was effectively a dismissal.
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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