FWC ruling draws a hard line between a signed contract and an employment relationship
The FWC ruled on 13 March 2026 that a commercial manager who signed a contract but never started work was not dismissed.
When Abergeldie Personnel Pty Ltd withdrew its offer of employment to Ms. Izabela Dembowska on 29 September 2025, it paid her one week in lieu of notice and considered the matter closed. Dembowska had other ideas.
The story begins in July 2025, when Dembowska applied for a commercial manager role at Abergeldie. A letter of offer arrived on 29 August 2025, with a start date of 7 October 2025. She signed it on 3 September 2025. The letter included a warranty clause requiring her to confirm there were no limitations on her ability to perform the role. A day later, on 4 September 2025, Abergeldie sent her a welcome email, asking her to complete induction modules and upload required documents before her first day.
The documents then began stacking up. A deed of confidentiality and restraint had been provided on 3 September 2025. She signed the deed, along with a formal employment agreement, on 16 September 2025. That agreement, the Commission later found, superseded the letter of offer entirely, including all prior warranties.
Also on 16 September 2025, Dembowska resigned from her previous employer, with a final day of 3 October 2025.
By 23 September 2025, Abergeldie's onboarding team had raised concerns with General Manager Ms. Owen that Dembowska had not provided...
Grace Kang has worked as an attorney specializing in intellectual property and business law for 20 years, the last 16 in the greater Los Angeles area. A graduate of Stanford Law School, she said h...