Search Employment Law

After 15 years as RidgeAir's Chief Pilot, Ross McCullum had his work phone disconnected and laptop removed before a meeting at which he was told the business was closing. The ERA found the employer had dismissed him, rejected the later characterisation of his departure as voluntary, and awarded lost wages, compensation and substantial holiday-pay arrears.

Golden Rooster said chef Wenpeng Yu abandoned his job after only one week, but WeChat messages supported his evidence that the employer had dismissed him because it was unhappy with his productivity. The ERA found no fair process had been followed and awarded $7,500 compensation, $3,559.20 lost wages and annual holiday pay.

ERA Home denied that Xuefeng Yang had ever become its employee, despite a signed employment agreement, an approved work visa and evidence that he worked at its construction site. The ERA found an employment relationship existed, upheld unjustified dismissal and disadvantage claims, awarded $23,000 compensation and $8,008.20 lost wages plus holiday pay, and imposed a $3,000 penalty on the company.

Apprentice builder Nicholas Stalker experienced repeated late and missing wage payments before being dismissed by text for alleged performance and misconduct without prior warnings, investigation or an opportunity to respond. The ERA upheld unjustified dismissal and disadvantage claims and ordered compensation, 13 weeks' lost wages, substantial arrears, notice pay, holiday pay, a penalty and costs.

Stuff had genuine commercial reasons to restructure, but it failed to properly establish that Andrew McFarlane's existing role was surplus before making him compete for a substantially similar role. The ERA found the dismissal unjustified, criticised the contestable selection and redeployment process, and awarded $25,000 compensation plus $30,840.98 gross lost remuneration and holiday pay.

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.

South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.

Regional sales manager John Pio was made redundant after Strautmann Hopkins lost the distribution licence underpinning its business. The redundancy had a genuine commercial basis, but Pio was given little warning, very limited time to seek advice and no meaningful opportunity to explore transfer or redeployment.