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"Basic" procedural fairness flaws cost employer $68k

It was highly unlikely an employee would have been sacked if her employer had afforded her "basic procedural fairness", the Fair Work Commission has ruled, in awarding her maximum compensation for unfair dismissal.

Failing to notify the employee that dismissal was on the cards or give her a real opportunity to respond deprived her of "the possibility of a different outcome", Commissioner Adam Walkaden said.

The Yass Valley Aged Care employee worked as a senior cook from May 2023 until she was dismissed for serious misconduct in August last year.

In unfair dismissal proceedings, the Commission heard the employee had a strained working relationship with the kitchen manager, who she believed had been bullying her for more than a year.

In a March 2025 meeting about the issue, the employer's CEO asked the employee if she would participate in mediation...

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