Mailau v Kennards Hire Pty Ltd

In *Mailau v Kennards Hire Pty Ltd*, the applicant, Mr. Mailau, brought proceedings against the respondent, Kennards Hire Pty Ltd, alleging unfair dismissal. The dispute concerned Mr. Mailau's termination from his employment as a branch manager. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether Mr. Mailau's dismissal was harsh, unjust, or unreasonable within the meaning of the *Fair Work Act 2009* (Cth). This required the Commission to consider the reasons for the dismissal, whether the employer followed a fair process, and the impact of the dismissal on the employee.

The Commission found that while there were valid reasons for Mr. Mailau's dismissal relating to his performance and conduct, the process followed by Kennards Hire was procedurally unfair. Specifically, the employer failed to provide Mr. Mailau with adequate notice of the performance issues and an opportunity to respond to the allegations before the decision to terminate his employment was made. The Commission applied the principles of procedural fairness, emphasising the importance of an employee being given a reasonable opportunity to address concerns raised about their employment.

The Commission concluded that the dismissal was harsh and unjust due to the procedural deficiencies. Consequently, the Commission ordered that Mr. Mailau be reinstated to his former position and awarded compensation for lost remuneration.