Worker said she always took pride in role but no longer able to continue in way that supports wellbeing and values
A practice leader sent a letter of resignation to her employer on 17 July 2025 stating she was formally resigning from her position effective 1 August 2025 in line with her two weeks' notice.
The resignation followed a meeting where the employer had proposed transitioning her from practice leader to medical receptionist with effect on 22 July 2025, though neither the pay rate nor a revised duty statement was included in the proposal.
The employer replied the same day stating they were exercising their right under the employment contract to provide payment in lieu of notice and her final day of employment would be 21 July 2025.
The commission found the employer determined the employee's final day of employment would be at an earlier point in time being a time of its choosing.
Employer proposed transitioning practice leader role
There was a dispute concerning the way in which the employee was appointed to the role of practice leader in February 2025 and the quality of her performance upon assuming the role in the months that followed.
On 14 July 2025, the employee was sent an email inviting her to attend a meeting at 2.00 pm on the following day to discuss her performance. It would appear that a letter was attached to this email, which outlined a proposal by the employer to transition the employee from practice leader to medical receptionist with effect on 22 July 2025.
Neither the pay rate nor a revised duty statement was included. At the hearing, the employee said there continued to be a lack of clarity regarding the rate of pay at the meeting held on 15 July 2025, and there was also a lack of confirmation in relation to the location of the role.
Performance improvement plan discussed at meeting
There was much conjecture about what was discussed regarding the employee remaining in her role during the meeting on 15 July 2025. The employer submitted that it proposed a performance improvement plan and mentoring.
The employee agreed that the proposal for her to remain in the position of practice leader with performance management was discussed but she asserted that this option was raised by her.
Regardless, having attended work on 16 July 2025, the employee emailed a letter of resignation to the employer at 1.48pm on 17 July 2025, albeit the letter was dated 18 July 2025. In her email, the employee stated "Please see my attached letter of resignation with my 2 week notice period".
Employee stated resignation extremely difficult decision
The employee's letter stated she was writing to formally resign from her position effective Friday 1 August 2025 in line with her two weeks' notice provided as of 18 July 2025.
She stated this had been an extremely difficult decision for her and she had always taken pride in her role and the work she had contributed, particularly in her time as practice leader.
However, due to recent events, including the handling of her return from personal leave, she felt she was no longer able to continue in her role in a way that supports her wellbeing and values.
The employee stated she would like to thank team members she'd worked closely with and supported during her time there. She remained committed to ensuring a smooth transition and was happy to assist during the handover period to the best of her ability. She asked to be let know what steps were required from her to finalise her departure.
Employer exercised right to payment instead
The employer replied by email at 9.59pm on Thursday 17 July 2025 stating they acknowledged receipt of the resignation and confirmed they were exercising their right under the employment contract to provide payment in lieu of notice for all or part of the notice period. The employee's final day of employment would be Monday 21 July 2025.
She was required to attend work on this day to provide a comprehensive handover to the newly appointed practice manager.
Following this, she would not be required to attend work for the remainder of her notice period.
The employer thanked the employee for her contribution during her time with them and wished her all the best in her future endeavours.
Commission finds employer terminated employment earlier
According to the commission, the employee resigned with effect on 1 August 2025 and she intended to work out her notice period.
The employer, however, determined to bring the employment to an end prior to this, notifying the employee that her employment would end on the earlier date of 21 July 2025 rather than the later date she had notified. It matters not that the employer purported to exercise a contractual right to make payment in lieu of notice.
The employer determined that the employee's final day of employment would be at an earlier point in time, being a time of its choosing. The commission was satisfied that the employee's employment with the employer was therefore terminated on the employer's initiative and that she was dismissed within the meaning of the Act.
As the commission was satisfied that the employee was dismissed by the employer and there were no other jurisdictional objections, the commission would proceed to deal with the dispute by conducting a conference.
