CASE: Jenny Yang v FCS Business Services Pty Ltd [2020] FWC 4560

Can you make an unfair dismissal case when the employee handed in their signed resignation letter?

You can if the person resigned due to the conduct of the employer.

Jenny Yang was accused of spreading rumours at the office Christmas party. In an odd situation, all the staff were invited to a meeting to vote on whether they had heard Jenny spreading rumours.

Jenny denied spreading the rumours but was not believed. She signed the resignation letter that was put in front of her, and left.

Shortly after, she filed an unfair dismissal claim.