Search Employment Law

Shenwei Zhang worked for Fat Dragon Restaurant Management under an arrangement the employer described as casual. After the relationship deteriorated, his work was ended through WeChat and he pursued dismissal, wage and holiday-pay claims.

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.

Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.

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.

Mr Raina faced disciplinary action by Hall's Refrigerated Transport, including a meeting invitation that did not tell him he could bring a support person and a generic warning that dismissal was possible. The case concerned both disadvantage during the process and the justification for the eventual termination.

KU was made redundant by Employment Focus trading as PBRS after a restructure process in which meeting times, consultation steps, alternatives and redeployment were disputed. The ERA examined whether the business had genuinely consulted before moving from proposal to termination.

Boya Trading summarily dismissed Mr Zheng by text on 26 May 2023, alleging that he had refused to work and abandoned his employment. Mr Zheng said there had been no warning or consultation and raised dismissal and disadvantage grievances the following month.

Ms Thing's dispute with South Pole IP Holding concerned whether the end of her employment was a dismissal or resignation and whether the employer's earlier conduct had unjustifiably disadvantaged her. The case required the ERA to distinguish direct or constructive dismissal from separate disadvantage grievances.