Liebenberg v IP Australia
Citation: [2026] FCA 190
At a glance
- Employees affected
- 1
What happened
Ms Liebenberg brought a claim against IP Australia, arguing she had been constructively dismissed under section 386(1)(b) of the Fair Work Act 2009. Constructive dismissal occurs when an employee resigns because their employer's conduct left them with no reasonable choice but to leave. The Fair Work Commission found there was no constructive dismissal. Ms Liebenberg then sought permission to appeal to the Full Bench of the Commission, which refused permission. She then applied to the Federal Court of Australia, seeking judicial review of the Full Bench's decision on the basis that it was affected by jurisdictional error, meaning the Commission had exceeded or misapplied its legal authority.
What was decided
The Federal Court dismissed the application. The Court found that Ms Liebenberg had not established any jurisdictional error in the Full Bench's decision to refuse permission to appeal. The Court also found no compelling reason to look behind the Full Bench decision and directly review the original Commission decision. Because neither threshold was met, the Court declined to intervene and the application was dismissed.
What it means for employers
This case confirms that Federal Court review of Fair Work Commission decisions is limited. Employers facing unfair dismissal claims, including constructive dismissal claims, can have confidence that once the Commission and Full Bench have ruled, those decisions will not easily be overturned by a court unless a clear legal error in the Commission's authority is shown.
What it means for employees
Employees who have exhausted the Fair Work Commission process, including a failed appeal to the Full Bench, face a high bar if they seek Federal Court review. Simply disagreeing with the outcome is not enough. A court will only intervene if a fundamental legal error in the Commission's authority can be clearly demonstrated.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0190This 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 →