due to insufficient evidence, procedural flaws, or the failure to establish valid reasons for termination.
1. **Perry v Coffs Ex-Services Memorial and Sporting Club Ltd [2009] AIRC 777**
– An injured employee was placed on restricted duties but exceeded weight restrictions by carrying trays of empty wine glasses.
– The dismissal was deemed invalid as there was no justifiable reason for it.
2. **Symes v Linfox Armaguard Pty Ltd [2012] FWA 4789**
– An employee swore at a manager and punched a noticeboard, leading to his dismissal.
– Despite inappropriate behavior, swearing had been tolerated by the employer, making the dismissal unjustifiable.
3. **Crockett v Vondoo Hair t/a Vondoo Hair [2012] FWA 8300**
– An employee was accused of assisting a colleague’s personal business and sharing client details.
– The dismissal lacked procedural fairness as the investigation was flawed, rendering it unjustified.
4. **Dewson v Boom Logistics Ltd [2012] FWA 9027**
– An employee was dismissed for assaulting another employee.
– The employer failed to provide sufficient evidence of the assault, resulting in an unjust dismissal.
5. **Lengkong v Bupa Care Services Pty Ltd t/a Bupa Morphettville [2012] FWA 3737**
– An employee was dismissed for misconduct related to an elderly resident’s injury.
– The misconduct did not compromise the resident’s welfare or the employer’s position, rendering the dismissal unjustified.
6. **McKerrow v Sarina Leagues Club incorporated T/A Sarina Leagues Club [2012] FWA 1251**
– An employee was dismissed for misappropriation of club funds and fraud.
– The employee’s actions, while an error in judgment, were consistent with the employer’s objectives, leading to an unjust dismissal.
7. **Schreier v Austal Ships Pty Ltd Print N9636 (AIRC, O’Connor C, 19 March 1997)**
– An employee was dismissed for performance issues and refusing to attend training outside of work hours.
– Refusing training was not a valid reason for dismissal, making it unjust.
8. **Black and Santoro v Ansett Australia Limited Print S3905 (AIRC, Drake SDP, 20 March 2000)**
– Employees were dismissed for theft of beverages, based on the alleged commission of a crime.
– The standard of proof was not met, resulting in an unjust dismissal.
9. **Walker v Mittagong Sands Pty Limited T/A Cowra Quartz [2010] FWA 9440**
– An employee was accused of stealing oil, and the employer obtained evidence without the employee present.
– The evidence was unlawfully obtained, leading to an unjust dismissal.
10. **Lee v Superior Wood Pty Ltd [2019] FWCFB 2946**
– An employee refused to comply with a new company policy involving fingerprint scanners.
– The direction to comply with the policy was deemed unlawful, making the dismissal unjust.
11. **Mammarella v Department of Parliamentary Services [2019] FWC 6340**
– An employee faced charges related to an IBAC investigation and was dismissed due to a loss of trust and confidence.
– The dismissal was unjust as there was insufficient evidence to support the loss of trust and confidence.
These cases illustrate instances where dismissals were found to be unjustified due to insufficient evidence, procedural flaws, or the failure to establish valid reasons for termination.
[nothing on this page is legal advice]
For Unfair Dismissal Representation: www.justrelations.com.au