ERA accepted serious food safety and hygiene deficiencies justified dismissal in substance, but found the suspension and termination process was flawed and unfair.
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Results for unfair dismissal
Need help with a medical incapacity dismissal?
The ERA found unjustified dismissal and unjustified disadvantage.
The failure to pay wages was a serious breach that foreseeably compelled her resignation, so the resignation was a constructive dismissal.
On the day of dismissal, she had told the company that her medical position had improved, that she had a negative Covid test, a valid driver licence and an updated medical certificate.
... questions and reached the opposite conclusions. The ERA found the dismissal unjustified because Corrections blurred the criminal and employment issues, did not properly identify and assess the remaining policy ...
However, the dismissal was unjustified because the decision maker relied on several concerns in the final decision letter that had not been put to ZZP for comment.
