Yoga Limited ultimately admitted that Xiaomeng Feng's dismissal was unjustified, leaving the ERA to determine lost wages, compensation, contribution and a claimed good-faith penalty. The employer relied on performance and communication concerns to seek a reduction.
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Results for employee contribution
FVG, a structural engineer, challenged her suspension, the handling of bullying and performance concerns, and her eventual dismissal by YJN. The case required the ERA to separate several disadvantage allegations from the fairness of the final dismissal process.
Melissa Williams was dismissed after a single day driving for S & M Haulage, which believed a 90-day trial applied and had genuine safety and resourcing concerns about her readiness for the role. The ERA examined whether there was a valid trial clause and whether she was given any chance to respond before termination.
Fire and Emergency summarily dismissed Crawford Morris after complaints about interactions with a female volunteer firefighter, including comments about physical capability and a later dispute over protective clothing. The ERA examined whether insensitive conduct reached the serious-misconduct threshold.
Open Country Dairy summarily dismissed Mr Stewart on the final day covered by his medical certificate after a disciplinary process. The ERA considered both the employer's process and Mr Stewart's own conduct when assessing justification and remedies.
UBP dismissed Mr Rapana after a prolonged period of absence and communication difficulties. The case examined the medical information available to the employer, inconsistencies in the reasons later given for dismissal and whether the investigation fairly addressed the real circumstances.
Akitio Trucking dismissed Mr Swenson after concluding he punched another driver. He argued the employer had failed to deal with earlier theft allegations and that its investigation and dismissal process were unjustified.
Brad Capper's short employment with CJS Construction ended in a dismissal that the employer did not attempt to justify under a 90-day trial clause. The case turned on dismissal fairness, his own contribution and whether he had proved efforts to mitigate lost wages.
