the Applicant v the Respondent
Citation: [2026] FWC 2388
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by the Respondent trading as Worland and Family Lawyers from April 1, 2022, until her resignation on January 23, 2026. From February 2024, the Applicant's wages were paid irregularly, with repeated instances of late or partial payments throughout 2025. She raised concerns about unpaid wages and superannuation in writing and verbally. Approximately $17,521.89 in wages and $11,201.67 in superannuation remained outstanding. the Applicant resigned due to the ongoing payment issues, stating she was forced to do so. She found new employment on February 16, 2026.
What was decided
The Fair Work Commission ruled that the Applicant was unfairly dismissed after the Respondent repeatedly failed to pay her wages and superannuation. The Commission found the Applicant's resignation was 'forced' due to the employer’s conduct. Reinstatement was deemed inappropriate, and compensation was ordered. The Commission estimated lost remuneration at $4,143.54 for a three-week period before she would have sought alternative employment.
What it means for employers
Small business owners must prioritize employee wage payments and superannuation obligations. Failure to do so can lead to findings of unfair dismissal and compensation orders. Maintaining proper financial management practices and addressing employee concerns promptly are crucial to avoid legal action.
What it means for employees
Employees facing persistent issues with unpaid wages or superannuation should document these problems and raise them with their employer. If the situation doesn't improve, they may have grounds for an unfair dismissal claim if they resign due to the employer’s conduct.
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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