The ERA also found his redundancy dismissal was unjustified because ADL did not consult, did not provide a proposal, and did not explain the business reasons before ending his employment.
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Results for unfair dismissal
The ERA found this was a dismissal, not a resignation, and that the dismissal was unjustified.
The ERA found she was an employee of Brutalitees Limited, not an independent contractor, and that her dismissal at a heated meeting on 19 September 2024 was unjustified.
The ERA found Wen Hui Lin was personally the employer, Mr Chen was a permanent full-time employee, and his dismissal was unjustified.
The ERA found there was no clear resignation, the 21 November text ended the employment, and the dismissal was unjustified.
The resignation was a constructive dismissal, unjustified under s 103A, with $20,000 compensation and 5.
The ERA rejected the constructive dismissal claim because the STI was discretionary and annual,.
The ERA accepted the redundancy was genuine and the dismissal was substantively justified, but found significant good faith/consultation defects - including failure to proactively disclose information.
