Although an employer may have a valid reason to terminate an
employee, the Fair Work Commission can still find the dismissal
harsh, unjust or unreasonable and award the successful applicant
compensation. A recent case in point is
Lupson v Australian Pacific Airports (Melbourne) Pty Ltd
[2020].
The Facts
Mr Lupson was employed by Australia Pacific Airports (Melbourne)
(APA) for more than 8 years as an Electrical
Supply Team Member.
In May 2020, Mr Lupson took a period of personal leave to
recover from an injury he sustained outside of work. On 23 January
2020, Mr Lupson attended the workplace with the intention of
returning to work, however his aviation clearance (ASIC) had
expired and he was escorted off the premises and stood down on pay,
pending an investigation.
