Helen Akee v Link-Up (Queensland) Aboriginal Corporation

The applicant, Helen Akee, sought relief from an unfair dismissal by Link-Up (Queensland) Aboriginal Corporation. This application was heard by the Fair Work Commission, which has jurisdiction to hear and determine applications relating to unfair dismissals under the Fair Work Act 2009. The primary dispute centred on the fairness of the termination of the applicant's employment, with Ms Akee contending that her dismissal was harsh, unjust, or unreasonable.

The central legal issues before the Commission involved whether the termination of Ms Akee's employment was justified under the provisions of the Fair Work Act, specifically section 383, and whether the employer had followed the correct procedural steps before dismissing her. Additionally, the Commission had to assess whether the dismissal met the criteria for being deemed unfair, taking into account the totality of the circumstances, including the nature of the employment, the reason for dismissal, and the manner in which the dismissal was carried out.

In examining the evidence and submissions from both parties, the Commission found that the employer had failed to follow the appropriate procedures before dismissing Ms Akee. The employer did not provide Ms Akee with a valid reason for her dismissal, nor did they allow her an opportunity to respond to the allegations against her. The Commission concluded that the dismissal was unjust and therefore unfair. As a result, the application for relief from unfair dismissal was successful, and the Commission ordered that Ms Akee's dismissal be set aside, and she be reinstated to her previous position.