Ms Candy Choi v Country Fire Authority T/A CFA

Ms Candy Choi brought a claim against the Country Fire Authority, trading as the CFA, concerning her termination of employment. The dispute centred on whether the decision to terminate Ms Choi's employment was lawful, particularly in light of her claims of unfair dismissal and potential discrimination. The case was heard in the Fair Work Commission, which has jurisdiction over employment disputes under the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether Ms Choi was indeed an employee of the CFA and thus entitled to protection under the Fair Work Act. It also needed to determine if the reasons for her termination were genuine, procedurally fair, and not discriminatory. Additionally, the Commission had to consider whether the CFA had followed its own policies and procedures when deciding to terminate Ms Choi's employment.

The Fair Work Commission found that Ms Choi was indeed an employee of the CFA, thereby entitled to protections under the Fair Work Act. It was determined that the reasons for her termination were not genuine, as they were based on a misrepresentation of facts. The Commission held that the termination process was not procedurally fair and lacked transparency. Furthermore, it was concluded that Ms Choi's termination could be considered discriminatory on the basis of her gender, as she was treated less favourably than male colleagues in similar situations. Based on these findings, the Commission ordered the CFA to reinstate Ms Choi to her previous position and compensate her for lost wages and damages.