A failure by an employer to pay an employee can by itelsf be regarded as a dismissal.
“[20] I am satisfied and I find that the respondent terminated Mr Carnegie’s employment by failing to pay his wages. The failure to pay wages was action taken by the employer that was the principal contributing factor which resulted in the termination of the employment (see the Full Bench decision in Khayam v Navitas English Pty Ltd.3) In these circumstances, Mr Carnegie’s employment was terminated on the employer’s initiative within the meaning of s 386(1)(a) of the Act. This means that despite the respondent’s contention that Mr Carnegie was not dismissed, Mr Carnegie’s resignation was a dismissal within the meaning of the Act. The respondent’s jurisdictional objection is therefore dismissed.”
Carnegie v M.J. Harris Group Pty Ltd [2025] FWC 2442 delivered 19 August 2025 per Millhouse DP