The ERA held the conduct relied on did not meet the serious misconduct threshold and the dismissal was unjustified.
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Results for ERA
The ERA accepted insolvency drove the closure, but held redundancy consultation was still required and the dismissal was unjustified.
The ERA found the employer dismissed an anonymised truck driver by effectively "running dead" after a heated meeting, then leaving him suspended without pay while the director was overseas.
Mr Wang says that he was dismissed and has made grievance claims for unjustified dismissal and disadvantages during his employment including bullying and harassment, unilateral shift changes and.
The letter referred to matters set out by WRW in her resignation letter and several additional matters.
He says he was constructively dismissed for all these reasons and seeks compensation of $7,200 or actual lost remuneration to April 2024 when he found new employment.
Mr Chase-Pona also claims he was unjustifiably dismissed on 9 October 2023 when the Operations Manager terminated his employment without notice.
He says the decision to make him redundant was predetermined because there had already been resignations in the team negating the need to reduce the overall team numbers.
