Jimmy Nelson was dismissed by The Digger Man after repeated attendance problems and unexplained absences. The employer had genuine concerns, but the issue was whether it gave him a final, fair opportunity to understand the seriousness of the latest incidents and explain himself before termination.
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Results for unjustified dismissal
Fire and Emergency summarily dismissed Crawford Morris after complaints about interactions with a female volunteer firefighter, including comments about physical capability and a later dispute over protective clothing. The ERA examined whether insensitive conduct reached the serious-misconduct threshold.
Mr Chand said Rohits Civil & Infrastructure dismissed him during a telephone conversation; the company disputed that account. The ERA had to decide whether the words and surrounding circumstances objectively brought the employment relationship to an end.
Mr Canales accepted a part-time window-installer job with Thermashield but missed his intended first day because of a migraine. The case turned on whether an employment relationship had already been formed and whether later text messages brought it to an end.
Lekeisha Ramsay was dismissed by National Storage just over three months into employment under a probationary arrangement. The ERA examined attendance and performance concerns, the adequacy of warnings and whether the employer had given her a fair opportunity to improve and respond before termination.
Cooper No 1 sold its business and told Ms Piacun her employment was ending, without paying a notice period. The ERA considered whether the sale itself ended employment or whether Cooper had taken the initiative to terminate her contract.
A care worker with 21 years' service was summarily dismissed after a resident incident, principally for not calling an ambulance. The ERA examined whether the employer judged her conduct with hindsight and fairly considered what she actually knew, her explanations and gaps in workplace policies and practice.
This costs determination followed Christopher Wyeth's partly successful employment case against Hansen Products. The dispute was whether costs should be reduced because he had rejected a $10,000 Calderbank settlement offer before the substantive determination.
