[2026] FWC 59
Citation: [2026] FWC 59
What happened
the Applicant, a casual employee, worked as a Guest Service Agent at Airport Tourist Village Melbourne (ATVM), operated by RB Enterprises, from October 2023. RB Enterprises was transitioning ATVM from a caravan park to a hotel. On August 15, 2025, the Applicant inquired about his roster and was told there were budget issues and no further shifts for a few weeks. He then received a text message on August 19, 2025, stating his employment was terminated. the Applicant challenged the dismissal, claiming he was unfairly dismissed. RB Enterprises argued the Applicant was not entitled to unfair dismissal protections because he wasn't a regular casual employee.
What was decided
The Fair Work Commission dismissed RB Enterprises’ objection that the Applicant was not entitled to unfair dismissal protections. The Commission found that the Applicant was dismissed, not resigned, from his position. The Commission found that RB Enterprises did not provide a valid reason for the dismissal, citing a lack of explanation for budget issues and the subsequent advertisement for a similar role. The Commission will now consider the factors outlined in s 387 of the Fair Work Act 2009 to determine if the dismissal was harsh, unjust, or unreasonable.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc59.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours, no account. Get a Day Pass — $4.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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