After a customer incident captured on CCTV, the employer emailed that the matter was serious misconduct and 'will result in instant dismissal effective from 4 June'.
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Results for unfair dismissal
The ERA held the dismissal unjustified, found excessive hours were an unjustified disadvantage,.
The ERA held she resigned, but the resignation was a constructive dismissal because it was a choice between resignation and dismissal.
The ERA found a serious question to be tried on unjustified dismissal (including a mismatch between.
The ERA held this was a dismissal at the employer's initiative (a 'sending away'), not an agreed early finish, and the employer could not.
The ERA found the trial clause was not in the signed agreement (only a probation clause), so the employee could bring an unjustified dismissal claim.
The ERA held the employee's dismissal was unjustified because the disciplinary process had significant defects, including an early stand-down before his views were sought, ...
The ERA found this was a dismissal and awarded $13,520 lost wages, $10,000 compensation, and $249.
