Bartolome Durado and Delo Be Isugan v Foot and Thai Massage Pty Ltd

In the Federal Circuit Court, Bartolome Durado and Delo Be Isugan sought relief from their unfair dismissal by Foot and Thai Massage Pty Ltd. The applicants, both Filipino nationals, were employed as massage therapists at the respondent's massage parlour. Their employment was terminated following allegations of misconduct and breach of contract. The applicants claimed their dismissal was unfair and sought reinstatement and compensation.

The primary legal issues before the court involved whether the dismissal was procedurally fair, and if the respondents had a valid and justifiable reason for terminating the applicants' employment. The applicants argued that they were not given adequate notice of the allegations against them and were not provided an opportunity to respond. They also contended that the dismissal was retaliatory, as it followed their request for unpaid wages.

The court found that the dismissal process was procedurally flawed, as the applicants were not informed of the specific allegations against them nor were they given a chance to respond. The court held that the employer failed to demonstrate that the dismissal was for a valid and justifiable reason. Consequently, the applicants' claims for relief from unfair dismissal were upheld. The court ordered the employer to reinstate the applicants to their previous positions and to pay compensation for lost wages and entitlements.