Eland v Childrenfirst Inc T/A Childrenfirst

The applicants, Eland, sought relief from an unfair dismissal against the respondent, Childrenfirst Inc trading as Childrenfirst. The applicants were employed as child care centre directors and had been dismissed by the respondent, their employer. The case was heard by the Fair Work Commission, specifically a delegate of the President, who was asked to review the decision of a Commissioner to dismiss the application for relief. The applicants contended that their dismissal was harsh, unjust or unreasonable, and the Commission was required to determine the fairness of the dismissal in accordance with the Fair Work Act 2009.

The central legal issue before the Commission was whether the dismissal of the applicants was harsh, unjust or unreasonable under section 384 of the Fair Work Act. The applicants argued that their dismissal was unfair due to various reasons, including a lack of adequate consultation and the employer's failure to consider alternative employment options. The respondent, on the other hand, maintained that the dismissal was justified due to the applicants' persistent failure to comply with the employer's policies and their inability to meet performance expectations.

In reviewing the decision, the delegate of the President considered the totality of the circumstances surrounding the dismissal. The delegate found that the applicants' dismissal was not harsh, unjust or unreasonable, primarily due to the respondent's reasonable actions in terminating the employment relationship. The delegate noted that the applicants had been given numerous opportunities to improve their performance and compliance with the employer's policies, but had failed to do so. The delegate also found that the respondent had acted reasonably in exploring alternative employment options for the applicants before ultimately deciding to dismiss them. As a result, the application for relief was dismissed.

The final orders of the Commission were that the applicants' application for relief from unfair dismissal be dismissed. The applicants were not granted relief from their dismissal, and the decision of the Commissioner to dismiss the application was upheld.