Xueyang Shan v Beijing Capital Airlines

[2019] FWC 1602

[2019] FWC 1602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Xueyang Shan
v
Beijing Capital Airlines
(U2019/570)

COMMISSIONER JOHNS SYDNEY, 12 MARCH 2019

Application for relief from unfair dismissal - whether termination harsh, unjust or unreasonable

Further to the reasons for decision issued in transcript today, the Fair Work Commission, as presently constituted, is satisfied that,

[1] the Applicant was protected from unfair dismissal,

[2] the Applicant was dismissed,

[3] having considered each of the matters specified in section 387 of the Fair Work Act 2009 the dismissal of the Applicant was harsh, unjust and unreasonable, and accordingly,

[4] the Applicant’s dismissal was unfair.

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