The ERA rejected the employer's later redundancy explanation, found unjustified dismissal and unjustified disadvantage, and ordered $20,000 compensation plus wage reimbursement.
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Results for unfair dismissal
The ERA found the agreement was permanent, the dismissal process was non-existent, and the employer's later allegations of poor workmanship, customer solicitation, misuse of property and theft were not substantiated.
The ERA found the real relationship was permanent on an as-required basis, the text was a summary dismissal, and the employer had no fair process or substantive justification.
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'.
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.
