Dismissed or Forced Out? Lessons from the Danubia Ros Frandin Case

In the case of Danubia Ros Frandin v Coho Property Pty Ltd [2025], the Fair Work Commission delivered a clear message to employees: you cannot be forced into resignation, and speaking up about your workload is not a sackable offence. The case offers powerful lessons for employees in vulnerable or isolated positions, like live-in roles.

Danubia Ros Frandin was employed as a live-in housekeeper and cook at the Sydney apartment of Mr Roderick Salmon, who owned Coho Property Pty Ltd. She worked long hours performing domestic tasks for Mr Salmon and lived on-site.

From early on, Ms Ros Frandin felt the pressures of her job building. She worked diligently, but over time, tensions grew — not helped by an environment where she felt increasingly overworked and underappreciated.

The tipping point? A carpet stain.

In November 2024, Mr Salmon confronted her about a heavily stained carpet. While it might sound trivial, in reality, this was the spark that lit a much bigger fire. For Ms Ros Frandin, it symbolised a deep lack of appreciation for her hard work.

Understandably upset, she raised her concerns about the unrealistic expectations placed on her.

Instead of listening, Mr Salmon became hostile.

And soon after, he decided she had to go.

The "Resignation" That Wasn't

On Sunday, 17 November 2024, Mr Salmon summoned Ms Ros Frandin to a meeting.

In that meeting, according to Ms Ros Frandin, Mr Salmon became aggressive. He told her, in no uncertain terms, that unless she agreed with him 100% of the time, she couldn’t continue working for him.

Feeling trapped, Ms Ros Frandin said she couldn’t agree to such a demand. Mr Salmon then told her to pack her things and leave.

Later that evening, Mr Salmon emailed her and others stating that he “accepted her resignation” — even though Ms Ros Frandin had never resigned.

Within minutes, Ms Ros Frandin emailed back, clearly and calmly:

“At no time did I resign.”

She made it clear that she had merely raised concerns about her workload and had been dismissed as a result.

This swift and consistent response from Ms Ros Frandin would become crucial.

What the Fair Work Commission Found

The Commission examined the evidence closely — including text messages and emails exchanged between the parties.

Here’s what they decided:

• Ms Ros Frandin did not resign.
  Instead, she was dismissed at the initiative of the employer. Mr Salmon’s attempt to force her resignation was unlawful.

• There was no valid reason for her dismissal.
  Raising workload concerns isn’t misconduct. In fact, it’s a protected workplace right.

• There was no procedural fairness.
  Ms Ros Frandin wasn’t warned, wasn’t given a proper reason, and wasn’t given a fair opportunity to respond.

• The dismissal was harsh, unjust, and unreasonable.
  The Commission ruled firmly in her favour.

As a result, Coho Property Pty Ltd was ordered to pay Ms Ros Frandin $3,840 plus superannuation — compensation reflecting the pay she likely would have earned had she been treated fairly.

Why This Case Matters for Employees

This case isn't just about one dismissal — it’s a vivid reminder of your rights at work.

Here’s what every employee should take away:

1. Being Pressured to Resign Is Still a Dismissal

Employers cannot bully, trick, or pressure you into quitting.

If you’re told:

• “You should resign.”

• “You’re resigning, right?”

• “It’s better if you go quietly.”

…and you feel you have no real choice, the law sees that as a dismissal — not a genuine resignation.

Tip: Always respond in writing (email or text) if you didn’t genuinely resign. Set the record straight immediately, just like Ms Ros Frandin did.

2. Raising Concerns About Workload Is Your Right

You’re allowed to speak up if:

• Your workload is too high

• You’re feeling stressed or burnt out

• You believe work expectations are unfair

Ms Ros Frandin did exactly that — and she was right to do so. Employers are not allowed to fire you for raising legitimate concerns about your work.

Tip: Keep copies of your emails or texts when you raise concerns. They are powerful evidence if things go wrong.

3. Dismissals Must Follow a Fair Process

Even small businesses must:

• Tell you clearly if there’s a problem

• Give you a real chance to respond

• Let you have a support person at serious meetings

None of this happened for Ms Ros Frandin — and the Commission found the employer's actions unfair.

Tip: If you are called into a meeting that seems serious, ask: “Am I entitled to bring a support person?” You have that right.

4. Fast Action Protects Your Rights

Ms Ros Frandin didn’t wait around. She immediately replied to Mr Salmon’s emails making it clear she hadn’t resigned.

This fast response helped her succeed.

Tip: Time matters. If you are being forced out or misrepresented, respond quickly and clearly. The longer you wait, the harder it can be to challenge false claims.

5. Even "At-Home" or Informal Work Must Be Fair

Living at your employer’s property doesn’t mean you give up your rights.

No matter how informal your role feels, you still have rights under the Fair Work Act, including protection against unfair dismissal.

Tip: Know that your living arrangements don’t cancel out your legal protections. Whether you work in an office, hotel, house, or remotely, the law still applies.

The Bigger Picture

When the Commission ruled in Ms Ros Frandin’s favour, they reinforced a key principle:

• Power imbalances don’t erase your rights.

• Speaking up is not misconduct.

• Employers cannot rewrite history to suit themselves.

Employees like Ms Ros Frandin, who take calm and fast action to protect their rights, set important examples for others. If you find yourself pressured to resign, dismissed without a valid reason, or denied a fair process — you can and should fight back.