Ballarat worker's mental health dismissal application tossed by Fair Work
A former employee of regional social services provider, Child and Family Services Ballarat, who claims she was forced to quit due to her mental health, has had her Fair Work application dismissed. Subscribe. . .
A former employee of regional social services provider, Child and Family Services Ballarat, who claims she was forced to quit due to her mental health, has had her Fair Work application dismissed. Subscribe now for unlimited access. or signup to continue readingSave 30%All articles from our website& appThe digital version ofToday'sPaperAll otherin your areaElizabeth Lake, a former worker at Child and Family Services Ballarat (CAFs) alleges she was forced to resign after her employer took "adverse action" against her because of her mental health. CAFSis a prominent, 160-year-old non-profit organisation which supports vulnerable children, young people, and families across Victoria's Central Highlands and Grampians regions. Ballarat worker's mental health dismissal application tossed. Picture by Kate Healy. Ms Lake resigned from her position with immediate effect on May 8, 2026; however, claims this was "not voluntary" and that she was left with "no reasonable choice but to cease her employment" after she was denied leave so that she could undertake an inpatient stay. Her employer denies taking adverse action against her. Ms Lake was required to lodge her dismissal dispute with the Fair WorkCommissionwithin 21 days but missed the deadline by three days. The tribunal heard she suffered severe post traumatic stress disorder (PTSD) alongside depression and anxiety. She also submitted discharge papers from Cabrini Health for a 12-day hospital stay during the 21-day window, which concluded 18 days after she ceased working. Despite this, Fair Work deputy president William Clancy, while conceding Ms Lake would have been "preoccupied during her hospital admission", did not accept that she "was so lacking in capacity" that she could not file on time. "Firstly, Ms Lake said that in the period immediately after her resignation . . . she was preoccupied with arranging care for her five pet cats, undertaking various medical tests and attending to other "life" administration ahead of her impending admission," Mr Clancy said. He went on to detail that Ms Lake was aware of the 21-day window, and noted she had incorrectly assumed weekends were excluded. "I accept that Ms Lake may not have had prior experience in dealing with the Commission's processes . . . but it is well established that ignorance of one's rights . . . will not usually provide an acceptable explanation," Mr Clancy said. "The evidence also establishes that Ms Lake had access to advice and information, simply prioritised other activities at material times and then made a mistake when it came to calculating the 21-day time period. "Ultimately, Mr Clancy dismissed Ms Lake's dismissal application entirely, ruling there were no exceptional circumstances which justified her delay. More from HealthAs it happensBreaking news alertBe the first to know when news breaks.