Kaur Queens Trading labelled taxi driver Ashkan Vakilipour Takaloo an independent contractor, but controlled and integrated his work into its taxi business. The relationship broke down amid withheld wages, aggressive verbal abuse and cancellation of his ability to work out his notice.
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Results for unfair dismissal
Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.
Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.
Jack Wills worked at Complex Forme without a written agreement and was not paid for 32 hours of work. After he sought clarity about pay and rostering, the employer stopped responding, removed his access and ceased providing work.
An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point. Medical information, prognosis, reasonable time, alternatives and a fair process all matter.
When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.
After Samuel Keast died while working in Melbourne, his estate sought to pursue employment claims, including constructive dismissal, against a New Zealand company. The preliminary issue was whether a personal grievance existed before his death, who employed him in Australia, and whether the ERA had jurisdiction over the named respondent.
Tammy Stevenson had worked regular cleaning hours for Mountain Chalets for years despite the employer describing her as casual. A dispute over guaranteed hours and a phone conversation then led her to claim dismissal and challenge the employer's treatment of her employment status and holiday entitlements.
