the Applicant v Smilestones Therapy Pty Ltd
Citation: [2026] FWC 229
At a glance
- Employees affected
- 1
What happened
the Applicant brought an application to the Fair Work Commission concerning her employment with Smilestones Therapy Pty Ltd. The application related to whether she was dismissed or resigned from her position. The Commission was asked to determine this matter.
What was decided
The Fair Work Commission dismissed the Applicant’s application. the Commissioner found that the Applicant resigned from her position, not that she was dismissed. The decision was based on the evidence presented to the Commission.
What it means for employers
Employers should maintain clear records of employee departures, documenting the reasons for separation. This helps to accurately classify departures as resignations or dismissals, reducing potential disputes.
What it means for employees
Employees should carefully document the circumstances surrounding their departure from a job. This documentation can be crucial if there is a disagreement about whether they were dismissed or resigned.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc229.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + advisor access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →