the Applicant v MS & EB Real Estate Pty Ltd T/A Belle Property Rochedale
Citation: [2025] FWC 1596
At a glance
- Employees affected
- 1
What happened
the Applicant commenced employment with MS & EB Real Estate Pty Ltd T/A Belle Property Rochedale. The Fair Work Commission considered whether the Applicant resigned or was dismissed from her position. the Applicant sought to have the matter dealt with under s.365 of the Fair Work Act, relating to contraventions involving dismissal.
What was decided
The Fair Work Commission found that the Applicant was dismissed, not that she resigned. The Commission stated, “[a]pplicant found to have been dismissed”. An objection was dismissed. The decision does not detail the reasons for the finding of dismissal.
What it means for employers
Employers should carefully consider the circumstances surrounding an employee’s departure to ensure it is genuinely a resignation and not a dismissal. Misclassifying a termination as a resignation can have legal consequences.
What it means for employees
Employees who believe they were unfairly dismissed should seek legal advice to understand their rights and options for pursuing a claim.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →