Aavelaid, A v J.A. Hayek Holdings Pty Ltd t/as Laing and Simmons

The dispute before the Fair Work Commission (FWC) involved an employee, Ms. Aavelaid, and her employer, J.A. Hayek Holdings Pty Ltd, trading as Laing and Simmons. Ms. Aavelaid, a real estate agent, sought a ruling from the FWC concerning the termination of her employment, alleging unfair dismissal and unpaid entitlements. The FWC was required to consider whether the termination was unjust and whether the employer had failed to pay her the required entitlements.

The legal issues before the FWC included whether Ms. Aavelaid's dismissal was harsh, unjust, or unreasonable, as well as whether the employer had contravened the Fair Work Act 2009 by failing to pay her the correct entitlements. The FWC also had to consider the evidence provided by both parties regarding the circumstances of the dismissal and the entitlements owed to Ms. Aavelaid. The FWC had to balance the employer's rights to terminate employment against the employee's right to procedural fairness and the payment of lawful entitlements.

In its decision, the FWC found that Ms. Aavelaid's dismissal was unjust, as the employer had not followed a fair process in terminating her employment. The FWC also determined that the employer had failed to pay Ms. Aavelaid the correct entitlements, including outstanding commission and long service leave. The FWC ordered the employer to reinstate Ms. Aavelaid to her previous position and to pay her the outstanding entitlements. The FWC emphasised the importance of employers following proper procedures when terminating employees and ensuring that all lawful entitlements are paid.