Advanced Health Invest Pty Ltd t/a Mastery Dental Clinic v Mei Chan

Advanced Health Invest Pty Ltd, trading as Mastery Dental Clinic, lodged an appeal against a decision of the Fair Work Commission, which was made by Deputy President Cross on 29 November 2019 in Sydney. The case, numbered U2018/10383, involved a dispute regarding an employee's unfair dismissal. The employee, Mei Chan, claimed that her dismissal by Mastery Dental Clinic was unjust and sought redress under the Fair Work Act 2009.

The central legal issue the court had to resolve was whether Mei Chan's dismissal was genuinely for reasons related to her performance, or if it was based on other factors that could constitute unfair dismissal. This involved examining the circumstances surrounding her employment termination, the reasons provided by the employer, and whether there were any procedural irregularities in the dismissal process. Additionally, the court had to consider if the employer provided adequate justification for the dismissal and whether it was a reasonable action under the given circumstances.

The Federal Court evaluated the evidence presented by both parties and assessed the procedural fairness of the dismissal. It found that the employer had failed to provide adequate justification for the dismissal and that there were procedural flaws in how the termination was handled. Consequently, the court upheld the original decision of the Fair Work Commission that the dismissal was unfair. The appeal was dismissed, and the original decision was affirmed, meaning Mei Chan's dismissal was deemed unjust and she was entitled to the remedies provided by the Fair Work Act.