Tracey Dixey v Gabriella Dental Enterprises Pty Ltd [2025] SAET 89

The applicant claims payment of monies said to be outstanding to her from her employment with the respondent. The claim relates to payment for her last week of work, together with payment in lieu of notice. The applicant also claims pro rata annual leave in relation to both such periods, together with interest.
The applicant had been employed by the respondent on a permanent part-time basis as a dental hygienist pursuant to a written contract. Under that contract, either party was entitled to terminate the agreement upon 4 weeks' notice.
In accordance with the terms, the applicant on 6 February 2025 wrote to the respondent formally resigning and giving the requisite 4 weeks' notice. Accordingly, her last day of employment was to be 6 March 2025. It appears the letter of resignation was forwarded via What's App on the evening of 6 February 2025.
What followed was a "chat" between the applicant and the employer via What's App on 7 February 2025[1]. I extract the relevant entries below:

7/2/25, 9:16 am - A: Thanks for this Tracey! �� think it's for the best

7/2/25, 10:37 am - A: Nice try but unfortunately that's not how it works

7/2/25, 10:39 am - A: You wanting to leave earlier than the notice period has been noted and I will try my best to make it happen if I'm able to, till then 6th of march is all good

7/2/25, 11:53 am - Traceyy GOOLWA: Thats interesting

According to my discussion with fair work australia you are in breach of contract for not paying me weekly - my pay has been late twice.

Today is my last day and I will return the key to the practice when I have received my final pay

I work until 6th March and if there are any issues with payment received on time I will pursue my formal complaint with the fair work ombudsman. I will return your key when I have received my final payment

7/2/25, 12:35 pm - A: So when would you exactly like to be paid ?

7/2/25, 12:56 pm - A: Today is your last day as you requested.

Accordingly, the applicant's last day of work was 7 February 2025.
Wages for the last week of work (3 February 2025 to 7 February 2025) were not paid.
The applicant followed up the outstanding monies by a further chat with the employer on What's App on 14 February 2025, ending with "I am not asking you for anything other than last week's wages and my accrued annual leave."
The wages were still not paid. These proceedings resulted.
The applicant says she is entitled to payment in lieu of notice because the employer waived the requirement for her to work the 4 week period. This she says is either the effect of the What's App chat, or alternatively any agreement to the earlier termination of her employment was subject to payment of her final pay which did not occur. Accordingly, in default of that payment there was no agreement to the early termination of her employment.
The respondent says the early termination was by agreement.
The non-payment of the final week's pay appears to have been because of the employer's dissatisfaction with the circumstances of termination. Ultimately, having considered advice received, the respondent paid 32 hours wages for the final week. That payment was made on 1 July 2025. The final 1 hour claimed by the applicant which remained unpaid the respondent has now agreed to pay.
Having considered the What's App chat, I am satisfied the parties agreed to terminate the employment agreement effective 7 February 2025. The offer by the applicant was not conditional as the applicant contends. The reference to receipt of the final pay was expressed to be a condition of the return of the keys.
The claim for pay in lieu of notice is therefore dismissed.
The applicant is entitled to interest on the late payment of her final week's wage.
I will hear from the parties as to the entitlement to annual leave and final orders.

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