the Applicant v Liqui Moly Australia Pty Limited
Citation: [2026] FWC 2846
At a glance
- Employees affected
- 1
What happened
the Applicant was employed as a Field Sales Representative for Liqui Moly Australia Pty Ltd starting in July 2025, reporting to the Respondent. She raised concerns about the Respondent’s management style with the Managing Director and CEO, in approximately seven conversations. Following a formal complaint from the Applicant regarding the Respondent’s conduct, a meeting was held on February 27, 2026, where issues were discussed. Subsequently, the Respondent visited Perth in March 2026, during which the Applicant claims to have worked extended hours and experienced increased stress, leading to medical treatment. She resigned and applied to the Fair Work Commission for a remedy.
What was decided
The Fair Work Commission determined that the Applicant’s resignation was not a dismissal under section 386 of the Fair Work Act 2009. The Commission upheld Liqui Moly's jurisdictional objection, stating that because she did not experience a dismissal, her application could not proceed. the Commissioner found that while the Applicant raised concerns with the Managing Director and CEO, these were discussed and addressed during meetings. The application was subsequently dismissed.
What it means for employers
Employers should ensure clear communication channels exist for employees to raise workplace concerns without fear of reprisal. Addressing employee complaints promptly and effectively is crucial. Failing to do so can lead to misunderstandings and potentially legal action, even if the employee ultimately resigns rather than being formally dismissed.
What it means for employees
Employees who experience issues with their employer should document these concerns and attempt to resolve them through internal channels. If resolution isn’t achieved, seeking advice from a union or legal professional is recommended before resigning, as resignation may impact potential claims under the Fair Work Act.
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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 →