the Applicant v B and B Advocates Pty Ltd & the Respondent
At a glance
- 1
What happened
the Applicant, the former CEO of veteran advocacy service B&B Advocates Pty Ltd, filed an application under the Fair Work Act 2009 alleging dismissal and general protections breaches against the company and its Director, the Respondent. the Applicant commenced sick leave in January 2026 and accessed emails indicating her position was being discussed. Following correspondence between lawyers, the Applicant’s new legal representatives claimed B&B repudiated her employment contract. B&B denied repudiation and confirmed their intention for her to return to work. the Applicant then accepted the alleged repudiation.
What was decided
The Fair Work Commission found the Applicant was not dismissed by B&B Advocates Pty Ltd. The Commission determined that the Applicant’s acceptance of the alleged repudiation of her employment contract ended the employment relationship. The jurisdictional objection raised by the respondents was upheld, and the Applicant’s general protections application involving dismissal was dismissed. The decision was made based on documents without a formal hearing.
What it means for employers
Employers should ensure clear and consistent communication regarding employee status, especially during periods of leave or organisational change. Private emails discussing employee situations should be handled with caution to avoid misunderstandings. Responding promptly and clearly to legal correspondence is crucial to avoid claims of repudiation.
What it means for employees
Employees should carefully consider legal advice and the implications of accepting a repudiation of their employment contract. It's important to ensure any claims of repudiation are well-founded and supported by evidence. Employees should also be aware that a dismissal does not necessarily occur simply because an employer’s actions are perceived as negative.
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