Vong v Sika Australia Pty Ltd

The applicant, Ms Vong, brought proceedings against Sika Australia, a company involved in the manufacture and supply of construction chemicals, against the decision of an arbitrator who had found that Sika Australia had contravened workplace laws by terminating her employment. The dispute was brought before the Federal Court of Australia. Ms Vong alleged that her dismissal was harsh, unjust, or unreasonable, and sought reinstatement and compensation. Sika Australia denied the allegations and maintained that the termination was justified.

The court was required to determine whether the termination of Ms Vong’s employment was unfair or unjust, and if so, whether she was entitled to reinstatement or compensation. The court also needed to consider whether Sika Australia had contravened workplace laws by terminating her employment. The court had to assess the evidence presented by both parties and make findings of fact, which would then inform its decision on the appropriate remedy.

In its decision, the court found that the termination of Ms Vong’s employment was harsh, unjust, or unreasonable. The court held that Sika Australia had contravened workplace laws by terminating her employment without a valid reason. The court ordered the parties to confer in an attempt to reach agreement on the issues of compensation and reinstatement. If the parties were unable to reach agreement, the court ordered them to provide written submissions in respect to reinstatement, compensation and penalty. The applicant was to file and serve submissions by 14 February 2011 and the respondent to file submissions in reply by 28 February 2011.