Alert Monitoring dismissed Carl Sinclair-Walker for alleged serious misconduct after raising three concerns about his work performance. The ERA examined whether those concerns and the process used could justify immediate termination.
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Results for workplace investigation
Ms Ma's short restaurant employment ended after management announced reduced hours and a disputed phone call, followed by her omission from the next roster. The employer said she was casual and had abandoned employment.
Mr Zhang paid a $3,730 premium to obtain restaurant employment and later accumulated substantial unpaid wages. He resigned after the employment relationship deteriorated and argued the employer's breaches had forced that resignation.
Payal worked for JB Hospitality in a relationship involving unpaid wages and alleged premium payments. She resigned after the employment problems persisted and argued that the employer's breaches were sufficiently serious to amount to constructive dismissal.
George King was dismissed by Off the Wall Construction under a purported 90-day trial. The decisive issue was timing: he had already performed paid work before signing the agreement containing the trial provision.
Hurikawa was abruptly told he was 'finished' by Walton Mountain without a stated reason, warning or opportunity to respond. The ERA therefore had to assess a direct verbal termination against the minimum substantive and procedural requirements in s 103A.
JHJ challenged a dismissal by IXX in a proceeding subject to temporary non-publication. The ERA considered whether the employer had substantive and procedural justification and what lost remuneration and distress compensation should follow if the grievance succeeded.
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.
