Kensington Management Services Pty Ltd T/A Kensington Gardens Shepparton now Wilson Curry Pty Ltd v Mrs Dianne McMahon

Kensington Management Services Pty Ltd, trading as Kensington Gardens Shepparton and now known as Wilson Curry Pty Ltd, filed an appeal against the decision and order made by Commissioner Blair at Melbourne on 22 February 2013 in matter number U2012/7785. The respondent to the appeal was Mrs Dianne McMahon. The central dispute pertained to the dismissal of Mrs McMahon, focusing on whether the termination was unjust and the subsequent compensation awarded to her.

The primary legal issues addressed in the appeal were the validity of Mrs McMahon's dismissal and the fairness of the compensation awarded to her by the Commissioner. The appellant contested the Commissioner's findings on the legitimacy of the dismissal and the quantum of compensation granted. They argued that the dismissal was justified and that the compensation was excessive.

In its reasoning, the court examined the evidence and the Commissioner's decision in detail. It considered the nature of the employment, the reasons for the dismissal, and the evidence presented by both parties. The court found that the Commissioner's decision was based on substantial evidence and that the dismissal was indeed unjust. However, the court did not entirely agree with the amount of compensation awarded, leading to a reduction in the compensation amount. The court ultimately upheld the unjust dismissal decision but varied the compensation order.