Omni Health disestablished its chief operating officer role in a cost-cutting restructure after cashflow pressure and declining profitability.
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Results for ERA
The ERA held the dismissal unjustified, found excessive hours were an unjustified disadvantage,.
The ERA held the warnings were procedurally and substantively unjustified and the employer's conduct.
The ERA held she resigned, but the resignation was a constructive dismissal because it was a choice between resignation and dismissal.
A parcel courier driver was treated by the company as an independent contractor, but the ERA found the real relationship was employment due to app-based control, penalties and lack of genuine independence.
In this follow-up, the ERA held two drivers were unjustifiably dismissed when they were blocked from the dispatch app after one complained about a manager's verbal abuse, and a third worker was.
Applying s 6 and the Bryson control/integration/economic reality tests, the ERA found he was a permanent employee, calculated wage arrears at $18,187.
