Worker not given opportunity to respond to any reason related to her capacity
A worker challenged her dismissal arguing employer failed to consult about redundancy and made assumptions she would not accept work at mainland venue without asking her.
The worker contended employer never held direct discussion with her about job being at risk, redeployment opportunities, or her willingness to work as casual when fit, and manager assumed she would not relocate off island.
The employer maintained worker's permanent full-time role no longer required due to hotel renovations reducing bottle shop hours, worker was medically incapacitated unable to lift required weight, and written communications satisfied consultation obligations.
The worker commenced casual employment on 4 April 2022 as a bottle shop attendant, initially working at the employer's hotel operated on island. In August 2022, she began working at the employer's Dunwich bottle shop in addition to the hotel.
In September 2023, the employer opened a Point Lookout bottle shop and the worker also did shifts there. From March 2024, the worker worked only at the Dunwich bottle shop. She became a permanent full-time employee on 30 July 2024, working only at the Dunwich bottle shop.
On 2 February 2025, the worker injured her back while at work. She reported this to the employer via email before opening hours on 3 February 2025 and completed an incident report via telephone before attending work.
...Report false claims to the LA County AB 218 Fraud Hotline at (844) 901-0001 LOS ANGELES — Los Angeles County District Attorney Nathan J. Hochman announced an investigation today into potentially fa...