Moore v Woolworths Group Limited T/A Big W

The applicant in this case, Mr Moore, filed an application for unfair dismissal remedy against Woolworths Group Limited, trading as Big W. Mr Moore contended that his resignation from his employment with Big W was induced by the company's actions, which he argued amounted to unfair dismissal. The Fair Work Commission was the court tasked with hearing the matter.

The primary legal issue before the Commission was whether it had the jurisdiction to hear Mr Moore's application for unfair dismissal remedy. The Commission needed to determine if Mr Moore's resignation was voluntary or if it was influenced by any actions or circumstances that could be considered unfair dismissal. Furthermore, the Commission had to assess whether the show cause process, which was intended to be a preliminary step, could be bypassed in light of the resignation without a final outcome.

The Commission found that Mr Moore's resignation was not compelled by the employer and therefore, it did not constitute an unfair dismissal. The Commission concluded that it lacked the jurisdiction to hear the application for an unfair dismissal remedy because the resignation had not been induced by any action or circumstance that could be considered unfair. Consequently, the application was dismissed. The Commission held that the show cause process was a necessary preliminary step and could not be bypassed in this instance.