the Applicant v Clare Estate Agents Pty Ltd
Citation: [2026] FWC 2320
At a glance
- Employees affected
- 1
What happened
the Applicant, a Sales and Marketing Representative/Buyer’s Agent at Clare Estate Agents Pty Ltd, faced performance concerns starting in mid-2025 due to personal issues impacting her work. The company discussed adjusting her role and responsibilities, including a variation to her employment contract. On January 19, 2026, the Applicant was offered a new Lead/Sales Agent position but felt the proposal wasn't clearly explained. She sent an email on January 20, expressing gratitude and acknowledging performance issues, which both parties interpret differently regarding resignation versus declining the role.
What was decided
The Fair Work Commission determined that the Applicant resigned from her employment, not that she was dismissed. the Commissioner found the Applicant’s evidence inconsistent and unreliable, while finding Clare Estate Agents' witnesses credible. Because the Commission found the Applicant did not experience an unfair dismissal, her application was dismissed. The decision hinged on whether the Applicant had been dismissed or if she had resigned.
What it means for employers
Employers should document performance concerns formally to avoid misunderstandings and potential disputes. Clear communication about role changes and expectations is crucial, especially when dealing with employees facing personal difficulties. Informal discussions regarding performance need to be followed up with formal documentation where appropriate.
What it means for employees
Employees should carefully consider the implications of any written communications, particularly those expressing feelings or intentions related to employment. It's important to seek clarification from employers if unsure about proposed changes or their impact on employment status.
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/2026fwc2320.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
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 →