[2026] FWC 59
Citation: [2026] FWC 59
What happened
Adam Eales, 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, Eales 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. Eales challenged the dismissal, claiming he was unfairly dismissed. RB Enterprises argued Eales 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 Mr Eales was not entitled to unfair dismissal protections. The Commission found that Mr Eales 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.
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?
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This summary was drafted by AI 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 →