Gail Ayton v You Come Pty Ltd t/a Foodworks Ashmont

Gail Ayton lodged an application for unfair dismissal remedy against You Come Pty Ltd trading as Foodworks Ashmont. Ms Ayton, a long-serving casual employee, was dismissed from her position at the Ashmont store. The primary dispute was whether her dismissal was fair and if the dismissal was based on genuine operational reasons or discriminatory preferences. The Fair Work Commission heard the case, tasked with determining the fairness of the dismissal and the appropriate remedy.

The legal issues before the Commission included whether Ms Ayton's dismissal was substantively and procedurally fair. It was contested whether the dismissal was due to the reasons provided by the employer, or if there were other factors at play, particularly discriminatory practices. The Commission also needed to decide if the employer's failure to attend proceedings or comply with directions impacted the fairness of the dismissal. Additionally, the Commission assessed whether the employer complied with the Small Business Fair Dismissal Code and if the employer's alleged reasons for dismissal were consistent with the reference provided.

The Commission found that Ms Ayton's dismissal was substantively and procedurally unfair. The employer's failure to attend the proceedings or comply with directions was noted, and the alleged post reason for dismissal was inconsistent with the reference. The employer's preference for employing staff from Asian backgrounds was identified as the real reason for dismissal. The Commission concluded that the dismissal was not based on valid reasons and ordered compensation for Ms Ayton. The amount of compensation was to be determined following further submissions from both parties.