Inna Grabovsky v United Protestant Association NSW Ltd T/A UPA

Inna Grabovsky applied to the Fair Work Commission to address contraventions involving her dismissal from United Protestant Association NSW Ltd. The central issue was whether the dismissal was unlawful and warranted specific remedies. The respondent, United Protestant Association, argued that the dismissal was lawful and in accordance with the Fair Work Act 2009. The applicant contended that the dismissal was unfair and discriminatory, and sought reinstatement, back pay, and compensation.

The Commission examined whether the dismissal was procedurally fair and whether the reasons provided for the dismissal were genuine. The Commission considered the evidence presented by both parties, including the applicant's employment history, the reasons for the dismissal, and the employer's policies and procedures. The Commission also took into account the principles of natural justice and the need for fairness in the employment relationship.

After considering the evidence, the Commission found that the dismissal was procedurally unfair and that the reasons provided were not genuine. The Commission held that the applicant was entitled to reinstatement, back pay, and compensation. The respondent was ordered to take all necessary steps to reinstate the applicant to her previous position and to pay her all wages, allowances, and entitlements lost as a result of the unlawful dismissal. The respondent was also ordered to pay compensation for the distress and inconvenience caused by the unlawful dismissal.