the Applicant v Bytewize Pty Ltd,Bytewize Pty Ltd v Gemma Moore
Citation: [2026] FWCFB 217
What happened
the Applicant was employed by Bytewize Pty Ltd as an ICT technician until 8 October 2025. She sent an email resigning and another to Department of Education and Training staff. Bytewize responded, stating her employment was terminated immediately. the Applicant sought an unfair dismissal remedy. A Deputy President initially found her dismissal unfair and ordered compensation of $4,406.05. Both parties appealed the decisions.
What was decided
The Full Bench allowed the Applicant’s appeal regarding compensation. They found the Deputy President should not have reduced the compensation amount by income the Applicant earned after the anticipated end of her employment. Bytewize’s appeal for permission to appeal was refused. The Full Bench granted the Applicant permission to appeal and redetermined the quantum of compensation.
What it means for employers
Employers should ensure termination processes align with employment agreements. Immediate termination without notice, even following employee actions, requires careful consideration of contractual obligations and potential unfair
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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