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PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.

Mr Kalkat was placed in work through Easy Recruitment and later told the placement employer considered his performance inadequate. He alleged that his employment had been ended without a fair process and sought compensation and lost wages for unjustified dismissal.

Lautusi Isaako worked full-time for ABS Builders under day-to-day direction but the respondents disputed aspects of the employment relationship and later ended his work by text after raising performance concerns for the first time. The case also involved public-holiday, annual-leave and record-keeping failures.

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.

Ms Chung was dismissed by email late on Boxing Day after about 100 days of work, with the employer purporting to rely on a 90-day trial period. General performance criticisms were raised later but had not formed a fair dismissal process at the time.

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.