Rebecca Tomas v Symbian Health

Rebecca Tomas applied for an unfair dismissal remedy against Symbian Health. The matter was heard in the Fair Work Commission. Ms Tomas was employed by Symbian Health as a registered nurse. Symbian Health dismissed Ms Tomas, claiming her dismissal was due to unsatisfactory performance and misconduct. Ms Tomas contested the dismissal, asserting it was unfair and seeking reinstatement or compensation.

The Commission needed to determine whether Symbian Health followed proper procedures in dismissing Ms Tomas and whether the dismissal was harsh, unjust, or unreasonable. This involved examining Symbian Health's performance management processes and the reasons given for the dismissal. Additionally, the Commission considered whether Symbian Health had a valid reason to dismiss Ms Tomas and whether the dismissal met the threshold for unfair dismissal under the Fair Work Act.

The Fair Work Commission found that Symbian Health did not follow its own policies and procedures in managing Ms Tomas's performance issues. Furthermore, the Commission determined that the dismissal was harsh, unjust, or unreasonable. Symbian Health failed to provide adequate support and opportunities for Ms Tomas to improve her performance. The Commission also noted that the reasons provided for the dismissal were not substantiated by the evidence.

As a result, the Fair Work Commission ordered Symbian Health to reinstate Ms Tomas to her former position and to pay her lost wages and entitlements from the date of dismissal. Symbian Health was also directed to apologise to Ms Tomas for the unfair dismissal.