William Eskander v Visy Board Pty Ltd

William Eskander sought relief from an unfair dismissal from Visy Board Pty Ltd. Eskander alleged that his dismissal was due to his involvement in union activities and whistleblowing, in contravention of the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction over unfair dismissal claims under Australian labour law.

The primary legal issues before the court were whether Eskander's dismissal was indeed unfair and if it was related to his union activities and whistleblowing. The court needed to determine if there was a valid reason for the dismissal unrelated to the protected activities and if the process leading to the dismissal was fair and just. The employer argued that the dismissal was due to performance issues, while Eskander contended that these issues were fabricated and retaliatory.

The Fair Work Commission, after considering the evidence and arguments presented, found that Eskander's dismissal was unfair. The Commission concluded that the employer had not provided valid reasons for the dismissal that were unrelated to Eskander's protected activities. Additionally, the process leading to the dismissal was deemed unfair, as it lacked procedural fairness. The Commission found that the employer failed to provide Eskander with a fair opportunity to respond to the allegations against him.

The Fair Work Commission ordered Visy Board Pty Ltd to reinstate William Eskander to his former position, along with compensation for lost earnings and damages for the unfair dismissal. The order also mandated that Visy Board provide a written apology to Eskander and take steps to ensure compliance with the Fair Work Act in the future.