Pang Enterprises Pty Ltd ATF Pang Family Trust T/A Bakers Delight Newport v Vicki Sawtell

Pang Enterprises Pty Ltd ATF Pang Family Trust, trading as Bakers Delight Newport, appealed against a decision made by Senior Deputy President Hamberger at Sydney on 4 May 2016 in the Fair Work Commission, and an order issued under PR579987 in the matter of Vicki Sawtell. The appellant was the employer and the respondent was an employee who claimed unfair dismissal. The respondent alleged that the dismissal was harsh, unjust, or unreasonable under section 387 of the Fair Work Act 2009.

The central legal issue before the court was whether the dismissal of the respondent was unfair, particularly in light of the employer's alleged failure to follow a fair process. The court had to consider the procedural fairness of the dismissal process, as well as the substantive fairness of the decision to terminate the respondent's employment. Additionally, the court examined whether there were any mitigating factors that would render the dismissal fair, such as the employer's compliance with procedural requirements and the respondent's conduct leading up to the dismissal.

The court found that the employer did not act in accordance with procedural fairness by failing to provide the respondent with an opportunity to respond to allegations against her and by not allowing her to be accompanied by a support person during the dismissal meeting. These procedural failings contributed to the overall unfairness of the dismissal. Furthermore, the court noted that the employer's actions were not justified by any mitigating factors, and the dismissal was therefore deemed harsh, unjust, or unreasonable. Consequently, the court upheld the original decision of the Fair Work Commission that the dismissal was unfair.

The court ordered that the employer compensate the respondent for the unfair dismissal and provide her with a formal apology. The respondent was also awarded compensation for lost wages and legal costs associated with the proceedings.