the Applicant v CWM Marketing
Citation: [2026] FWC 2644
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission alleging unfair dismissal from CWM Marketing. The company argued the application was not valid due to jurisdictional issues, including the Applicant's length of employment and whether she resigned or was dismissed. She worked for the company between October 2024 and July 2025. Evidence suggested her work was regular and systematic. There was disagreement about what the Applicant said during a conversation on January 12, 2026, with CWM Marketing.
What was decided
The Fair Work Commission dismissed CWM Marketing’s jurisdictional objections, allowing the Applicant's unfair dismissal application to proceed. The Commission found she met the minimum employment period requirement as CWM Marketing had more than 35 employees. Regarding her resignation, the Commission preferred the Applicant’s version of events and determined that CWM Marketing effectively ended the employment relationship, aligning with previous decisions like *Bupa Aged Care Australia Pty Ltd v Shahin Tavassoli*. The text message sent by the Applicant was a request for a meeting not an unequivocal resignation.
What it means for employers
Employers must be cautious when interpreting employee communications. A simple request for a meeting should not be automatically treated as a resignation. Employers need to ensure they have clear and unequivocal evidence of an employee's intention to resign before confirming their employment has ended.
What it means for employees
Employees who believe they were unfairly dismissed should understand the jurisdictional requirements for bringing a claim, including minimum employment periods. If there is disagreement about whether you resigned or were dismissed, gather any relevant communication and documentation to support your version of events.
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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 →