Toni Reihana v Mastercare Highrise Cleaning Services Pty Ltd

Toni Reihana brought an appeal against a decision of Senior Deputy President Richards at Brisbane on 27 May 2013 in matter number U2013/6439. Reihana, an employee of Mastercare Highrise Cleaning Services Pty Ltd, alleged she was unfairly dismissed. The decision under appeal upheld the employer's contention that her dismissal was not harsh, unjust, or unreasonable. The appeal was heard by the Full Bench of the Fair Work Commission.

The appeal raised several legal issues, including whether the primary decision-maker correctly applied the relevant legal tests for unfair dismissal, whether the decision was supported by substantial evidence, and whether there was any error in the application of the relevant statutory provisions. Specifically, the appeal focused on the interpretation of "unjust" within the context of the Fair Work Act 2009, and whether the employer demonstrated a valid reason for the dismissal.

The Full Bench found that the primary decision-maker did not adequately address the concept of "unjust" and, in doing so, failed to properly consider the proportionality of the employer's response. The Full Bench concluded that the dismissal was unjust because the employer did not demonstrate a reasonable belief that the employee's performance warranted dismissal, nor did they provide adequate opportunities for improvement. The Full Bench also noted procedural deficiencies in the disciplinary process, which contributed to the overall unjustness of the dismissal.

The appeal was allowed, and the original decision was set aside. The Full Bench ordered that the employer reinstate Ms Reihana to her previous position and compensate her for the period of lost earnings from the date of dismissal until the date of reinstatement.