Tunnelling Solutions: Aussie worker accused of ‘abandoning’ her job after moving interstate wins a key ruling

A woman who was accused of ‘abandoning’ her job by moving interstate without permission to work from home has won a key victory in court.

Taylah Carrodus was employed by Victoria-based construction company Tunnelling Solutions from October 2022 until January this year.

She took her former employer to the Fair Work Commission (FWC) over a general protections dispute involving her dismissal.

Ms Carrodus requested a flexible working arrangement on October 24 last year so she could work full-time from home from January 5, 2026, the FWC heard.

She made the request ahead of a planned move to Queensland but was refused. 

When Ms Carrodus requested a meeting to discuss the decision, it did not go ahead. She was asked to put any response to the refusal in writing. 

She then told Tunnelling Solutions she would take personal leave ‘due to stress’ until a meeting was arranged. 

Ms Carrodus took leave from November 25 and did not return to work. 

Two days later, Ms Carrodus proposed a mutual separation, the FWC heard, but no agreement was reached. 

She later obtained a ‘Certificate of Capacity’ stating she was ‘totally unfit for work’ until March 4 and lodged a workers’ compensation claim, the FWC said.

Tunnelling Solutions then asked the commission to deal with the request urgently, saying Ms Carrodus’ move was ‘imminent’ and no agreement had been reached. 

An initial conference on December 18 was adjourned until February 4.

The day after the conference, Tunnelling Solutions contacted Ms Carrodus via email, the commission noted.

‘It advised Ms Carrodus through her lawyers that ‘absent a granted flexible work request’ it would consider Ms Carrodus to have abandoned her employment as at 5 January 2026 noting that the ‘unilateral relocation’ to Queensland was not agreed to by Tunnelling Solutions,’ the FWC said.

Nonetheless, Ms Carrodus moved to Queensland on December 28 and provided her employer with another medical certificate on January 5.

She realised she had been paid her ‘final termination payment’ when she saw a deposit in her bank account on January 9 or 10.

‘Tunnelling Solutions wrote to Ms Carrodus advising that it considered the actions of Ms Carrodus in unilaterally moving her residency to Queensland as a repudiation of her employment,’ the FWC said. 

‘It further advised that the repudiation was accepted and that the employment of Ms Carrodus was “now at an end”.’

Commissioner McKinnon published a decision finding that Ms Carrodus had been dismissed, despite Tunnelling Solutions’ objections, on Tuesday.

‘On the facts, Ms Carrodus did not abandon her employment or repudiate the employment contract,’ she said, noting that she was on medically certified leave. 

‘Tunnelling Solutions knew this because it had been given a copy of her certificate of capacity.’

The commissioner added there was a live dispute in the FWC about whether the flexible work request should be granted.

‘In the circumstances, it was not open to Tunnelling Solutions to consider Ms Carrodus’ absence from work on and from 5 January 2026 as a failure to attend work without notice or reasonable excuse,’ she wrote.

‘Further, there is no evidence that Tunnelling Solutions made any further attempt to confirm whether Ms Carrodus had in fact moved to Queensland, and whether she intended to return to work in Victoria, on or after 5 January 2026.’

Commissioner McKinnon said the company’s warnings to Ms Carrodus had been ‘conditional’ and not ‘clear and unequivocal advice of termination of employment’ if she failed to return to work in January.

With confirmation that Ms Carrodus was dismissed, the FWC will now consider the merits of her claims in full.