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ARTICLE · 01 SEPTEMBER 2014

Workplace termination gone wrong

The fact that the FWC made findings different from the Qantas internal investigation is an inevitable dismissal risk.

AustraliaEmployment and HR

In a recent example of a termination going wrong, Qantas was ordered to reinstate an employee of 25 years standing, partly because the evidence relied upon to terminate her employment proved to be unreliable at the hearing of her unfair dismissal claim, and partly because the incident which triggered the termination was too trivial to justify drastic disciplinary action.

Ms Adachi had worked as Qantas cabin crew for many years. She began falling out with her managers in late 2012 and early 2013 when they insisted that she undertake some training, which she felt that she should not be required to do. She took some time away from work on personal leave, on the basis of stress, and returned to work with a medical certificate which identified that she was fit to return to work, but not to undertake the training with the particular managers with whom she had difficulties. There was some confusion about the medical certificate, and she took it back to her doctor who ticked

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