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There was no reason to grant an employer's appeal against a finding that it sacked an employee who had already resigned, a full bench of the Fair Work Commission has found. But in the same decision, it has more than doubled the amount of compensation payable for the unfair dismissal.

The original remedy misapplied the Sprigg test that is commonly applied by Commission members when assessing compensation amounts, the bench found.

The case involved a Bytewize specialist ICT technician who resigned in October 2025, but was later successful in claiming unfair dismissal.

In those proceedings, Deputy President Richard Clancy found the employee had been dismissed because although she gave five and a half weeks' notice, the employer brought the relationship to an end with immediate effect after she circulated her resignation to its clients...