Ms Michelle Coombes v Lee Crane Hire Pty Ltd

The case of Ms Michelle Coombes against Lee Crane Hire Pty Ltd was an application for relief from unfair dismissal, which was heard in the Fair Work Commission. Ms Coombes alleged that her dismissal was unfair due to various reasons including that it was related to her engagement in protected industrial action and because there were procedural errors in the dismissal process. The employer, Lee Crane Hire Pty Ltd, contended that the dismissal was justified due to serious misconduct and that the dismissal process was conducted properly.

The central legal issues the Commission had to address were whether Ms Coombes' dismissal was related to her protected industrial action, and if the procedural steps taken by the employer were in accordance with the Fair Work Act 2009. Specifically, the Commission had to determine if the employer provided adequate notice and an opportunity to respond, and if the dismissal was proportionate to the conduct in question.

In its decision, the Commission found that Ms Coombes' dismissal was indeed related to her protected industrial action, as she was actively participating in a strike at the time of her termination. Furthermore, the Commission identified that there were procedural flaws in the dismissal process, as the employer had not provided the required notice and opportunity for Ms Coombes to respond to the allegations against her. Given these findings, the Commission ruled that the dismissal was unfair and ordered that Ms Coombes be reinstated to her position, with appropriate backpay.

The final orders of the Commission included the reinstatement of Ms Coombes to her former position, with full backpay from the date of her dismissal, and an additional payment for the procedural errors made by the employer. The employer was also ordered to apologise to Ms Coombes for the unfair dismissal.