the Applicant v Winning Appliances Pty Ltd
Citation: [2026] FWC 2692
What happened
the Applicant was employed as a Showroom Transformation Manager by Winning Appliances Pty Ltd from December 2019. In April 2026, after returning from maternity leave, she was informed her role would be made redundant and a consultation process began. She did not return to work following this meeting. the Applicant subsequently applied to the Fair Work Commission claiming unfair dismissal under section 365 of the Fair Work Act 2009.
What was decided
The Fair Work Commission found that the Applicant was not dismissed by Winning Appliances Pty Ltd. The Commissioner determined she did not resign due to employer conduct and her employment was not terminated on their initiative. The application under section 365 of the Fair Work Act was therefore dismissed. The Commission also rejected claims regarding repudiation of contract and a sham redundancy.
What it means for employers
Employers should ensure consultation processes are genuinely conducted when considering redundancies, particularly after parental leave. Clear communication about role changes and options is crucial to avoid misunderstandings and potential disputes. Following proper procedures can help mitigate the risk of unfair dismissal claims.
What it means for employees
Employees facing redundancy or significant role changes should carefully review all documentation and understand their rights during consultation periods. Seeking legal advice early on can be beneficial if concerns arise about the fairness of the process.
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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