For a former employee who has terminated his or her employment by resigning to convert the termination of employment into a dismissal, “it is necessary for the employee to discharge the onus to demonstrate that she had no real, effective or meaningful option but to resign in these circumstances. As a result, I am not satisfied that she was dismissed within the meaning of the Act and this application is dismissed”.
See Howe v Australian Institute of Building (2025) FWC 2029 delivered 16 July 2025 per Dean DP