28/07/2026
Can a resignation become a dismissal?
Surprisingly, yes.
If an employee resigns and gives notice, many employers assume they can simply decide the employee will finish immediately and pay out the notice period instead.
Unfortunately, it's not always that straightforward.
A recent Fair Work Commission decision reinforced that if an employer unilaterally brings forward an employee's finishing date, the employment may legally be considered a dismissal rather than a resignation - even if the employee receives all of their pay.
The good news? Avoiding this risk may be as simple as changing the way you have the conversation.
Rachel has unpacked the decision, what it means for employers and the practical steps you can take to protect your business in our latest blog.
Read the full article on the HR Sorted website - https://hrsorted.com.au/blog/
If you're dealing with an employee resignation, we'd be happy to help you get it right.