Adriana Stevens v Horsley Park Supermarket Pty Ltd T/A Carlo's IGA Horsley Park

Adriana Stevens brought an unfair dismissal claim against Horsley Park Supermarket Pty Ltd, trading as Carlo's IGA Horsley Park, before the Federal Circuit and Family Court. The case centred around Ms Stevens' absence from work without approval for leave, which the employer claimed amounted to abandonment of her employment. The employer also argued that Ms Stevens had refused to attend work as instructed and unreasonably refused to grant annual leave. Ms Stevens disputed these allegations, asserting that she had valid reasons for her absences and that the dismissal was unjust and unreasonable.

The court was required to determine whether Ms Stevens' dismissal was justified under the Fair Work Act 2009. The primary issues were whether Ms Stevens had indeed abandoned her employment and whether the employer had a valid reason for the dismissal. The court also had to assess whether the employer followed proper procedures and whether the dismissal was harsh, unjust, or unreasonable.

In its decision, the court found that Ms Stevens' absences did not constitute abandonment of her employment. The employer failed to establish that Ms Stevens had refused to attend work as instructed or unreasonably refused annual leave. Additionally, the court identified significant procedural deficiencies in the employer's handling of the dismissal, including the lack of a formal meeting and inadequate investigation. Consequently, the court determined that the dismissal was harsh, unjust, and unreasonable, and ordered compensation for Ms Stevens.

The final orders included that the dismissal of Ms Stevens was unfair and required the employer to pay compensation. The court directed that Horsley Park Supermarket Pty Ltd must compensate Ms Stevens for the loss of her employment, reflecting the unjust nature of the dismissal. The exact amount of compensation was to be determined in subsequent proceedings.