the Applicant v Bytewize Pty Ltd
Citation: [2026] FWC 1536
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by Bytewize Pty Ltd as an ICT technician from June 2024 until October 2025. She sent emails resigning from her position, copying multiple Department of Education and Training employees. In response, Bytewize sent an email stating she was stood down immediately due to her actions and breach of contract, later providing a separation certificate waiving her notice period. the Applicant initiated unfair dismissal proceedings under the Fair Work Act 2009.
What was decided
The Fair Work Commission found that the Applicant was unfairly dismissed by Bytewize Pty Ltd. While the Commission initially considered whether the Applicant had been dismissed, it ultimately determined she was dismissed based on Bytewize's email and subsequent actions. The Commission rejected Bytewize’s argument that the Applicant’s actions constituted a valid reason for dismissal. the employer did not provide an opportunity to respond to the reasons for dismissal. Compensation was ordered.
What it means for employers
Employers should ensure they follow proper procedures when terminating employment, including providing employees with an opportunity to respond to any concerns about their performance or conduct. 'Stand down' clauses must be clearly defined in contracts and adhered to. Broad restrictions on employee communication need careful consideration.
What it means for employees
Employees who believe they have been unfairly dismissed should seek legal advice and lodge an application with the Fair Work Commission within 21 days. Understanding your employment agreement is crucial, particularly regarding resignation procedures.
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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 →