s.365 - Application to deal with contraventions involving dismissal

Your Hobart Doctor Pty Ltd T/A Jordan River Health

Application to deal with a dismissal dispute under s365 of the Act - jurisdictional objection that there was no dismissal - jurisdictional objection dismissed.

• [1] On 29 July 2025, Ms Bianca Woolley made a general protections application involving dismissal to the Fair Work Commission, pursuant to s.365 of the Fair Work Act 2009 (the Act). The Respondent to the application was named as Jordan River Health, which is the trading name for Your Hobart Doctor Pty Ltd. Pursuant to s.586 of the Act, I have determined that it is appropriate to amend the name of the Respondent to Your Hobart Doctor Pty Ltd T/A Jordan River Health (Respondent). An objection to the application was made by the Respondent based on the contention that the Applicant was not dismissed because she resigned her employment.

• [2] Evidence was received from the Applicant, Mr Brendan Butcher, a Director of the Respondent and Ms Rebecca Muskett-Jones, Clinical Manager for the Respondent. There was dispute concerning the way in which the Applicant was appointed into the role of Practice Leader in February 2025 and the quality of her performance upon assuming the role in the months that followed. On Monday 14 July 2025, the Applicant was sent an email inviting her to attend a meeting at 2.00pm 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 Respondent to transition the Applicant from Practice Leader to Medical Receptionist with effect on Tuesday 22 July 2025, albeit neither the pay rate nor a revised duty statement was included. At the hearing, Ms Woolley 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.

• [3] There was much conjecture about what was discussed regarding the Applicant remaining in her role during the meeting on 15 July 2025. The Respondent submitted that it proposed a Performance Improvement Plan (PIP) and mentoring. The Applicant 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 Applicant emailed a letter of resignation to the Respondent at 1.48pm on Thursday 17 July 2025, albeit the letter was dated 18 July 2025. In her email, the Applicant stated, "Please see my attached letter of resignation with my 2 week notice period", and the text of her letter was as follows:

"I am writing to formally resign from my position at Jordan River Health, effective Friday 1 August 2025, in line with my two weeks' notice provided as of 18 July 2025.

This has been an extremely difficult decision for me. I have always taken pride in my role and he work I have contributed, particularly in my time as Practice Leader. However, due to recent events including the handling of my return from personal leave, I feel I am no longer able to continue in my role in a way that supports my wellbeing and values.

I would like to thank team members I've worked closely with and supported during my time here. I remain committed to ensuring a smooth transition and am happy to assist during the handover period to the best of my ability.

Please let me know what steps you require from me to finalise my departure."

• [4] The Respondent replied by email at 9.59pm on Thursday 17 July 2025, stating:

We acknowledge receipt of your resignation and confirm that we are exercising our right under Section 19.3 of your Employment Contract to provide you with a payment in lieu of notice for all or part of the notice period.

Your final day of employment with GP Collective will be Monday, 21st July 2025. You are required to attend work on this day to provide a comprehensive handover to the newly appointed Practice Manager. Following this, you will not be required to attend work for the remainder of your notice period.

We thank you for your contribution during your time with us and wish you all the best in your future endeavours."

• [5] The Applicant resigned with effect on Friday 1 August 2025 and she intended to work out her notice period. The Respondent, however, determined to bring the employment to an end prior to this, notifying the Applicant that her employment would on end on the earlier date of 21 July 2025 rather than the later date she had notified. It matters not that the Respondent purported to exercise a contractual right to make payment in lieu of notice. The Respondent determined that the Applicant's final day of employment would be at an earlier point in time, being a time of its choosing. I am satisfied that the Applicant's employment with the Respondent was therefore terminated on the Respondent's initiative and that she was dismissed within the meaning of s.386(1)(a) of the Act.

• [6] As I am satisfied that the Applicant was dismissed by the Respondent and there are no other jurisdictional objections, the Commission will, pursuant to s.368 of the Act, proceed to deal with the dispute by conducting a conference. The parties will be notified of the conference listing in due course.

A Millar of Quartz Consulting for Jordan River Health.

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