Chamberlains Law Firm succeeds in securing a notable jurisdictional victory in the FWC

Key Takeaways

This decision serves as a clear reminder to employers and their HR personnel, silence can be costly.

• Employers must actively correct employee misunderstandings regarding roles, employment status and relocation requirements.
• Informal role changes, if left unmanaged, can create legal risk.
• Ensure contracts, role descriptions, and HR policies (higher duties, mobility/relocation, variations to role, and resignation handling) are consistent and cross‑
• Maintain contemporaneous records of workplace interactions and communications.
• A failure to engage with an employee’s concerns, particularly when expressed in writing, may amount to conduct leading to dismissal.
• A failure to engage with an employee’s resignation can expose employers to legal risk. A resignation should trigger a conversation, not automatic acceptance.

Summary

Chamberlains recently acted for Ms Joanna Yi, (the Applicant) in Yi v Epec Group Pty Ltd [2026] FWC 749. The Commission rejected the employer’s objection that Ms Yi had not been “dismissed”, finding in favour of the Applicant and progressing the matter to conference.

This decision provides strong clarification on employer obligations where an employee resigns based on a mistaken understanding the employer fails to correct, reinforcing that “doing nothing” can itself, amount to a dismissal.

Background

Ms Yi commenced with Epec Group Pty Ltd (the Respondent) in November 2024 as a casual Senior Accountant. From April 2025, she performed the duties of Group Finance Manager (GFM) following a verbal announcement to staff and ongoing discussions with management about formalising her new role. These discussions were supported by evidence showing Ms Yi repeatedly confirming her performance of the GFM role, with no contradiction by the Respondent’s management personnel.

In August 2025, EPEC appointed a new Head of Finance and, during discussions on 27 August 2025, Ms Yi was informed that the GFM role required relocation to Brisbane. When she informed the Respondent’s management personnel that she could not relocate, she was told “if you’re not going to move to Brisbane then you will need to resign.” Within hours, Ms Yi issued her resignation consistent with that understanding and referred to the relocation requirement in said resignation.

EPEC disputed this version of events. EPEC argued that Ms Yi had always remained a casual Senior Accountant and chose to resign voluntarily.

When it came to the resignation letter itself, EPEC’s witness told the Commission she had read it, however she did not think to speak with Ms Yi about it.  That decision proved costly.

Findings

Commissioner Fox rejected the EPEC jurisdictional objection, finding that Ms Yi was dismissed within the meaning of s 386 of the Fair Work Act 2009 (Cth) (The Act). The Commission held:

1. Termination at the initiative of the employer (s 386(1)(a))

The Commissioner found that EPEC’s passive acceptance of the resignation, without correcting Ms Yi’s understanding about her role, constituted a termination initiated by EPEC pursuant to section s 386(1)(a)) of the Act. The Commissioner expressly noted that if EPEC believed Ms Yi’s Senior Accountant role remained available, it failed to take the obvious step of informing her of the latter.

This decision reinforces the principle that a resignation will be treated as a dismissal where the employer’s conduct (including silence) leads directly to the end of employment.

2. Alternatively, a forced resignation (section 386(1)(b))

Even if the matter did not fall under section 386(1)(a) of the Act, the Commission found an alternative basis for the decision pursuant to section section 386(1)(b) of the Act. The Commission accepted Ms Yi’s uncontested evidence that she was told she must either accept the Brisbane-based role or resign, leaving her no real choice. That is, Ms Yi’s resignation was therefore forced by the EPEC’s conduct, by virtue of the move-or-resign ultimatum.

Read the full decision here.