Fair Work Commission (Full Bench)|2019-06-07

Beijing Capital Airlines Co Limited T/A Beijing Capital Airlines v Xueyang Shan [2019] FWCFB 3867 (7 June 2019)

[2019] FWC 1602 [Note: This decision has been quashed - refer to Full Bench decision dated 7 June 2019 [2019] FWCFB 3867]

s.394 - Unfair dismissal

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.

Printed by authority of the Commonwealth Government Printer

Beijing Capital Airlines Co Limited T/A Beijing Capital Airlines v Xueyang Shan [2019] FWCFB 3867

At a glance

Court

Decision date

Source

Judgment (9 paragraphs)

Beijing Capital Airlines Co Limited T/A Beijing Capital Airlines v Xueyang Shan [2019] FWCFB 3867 (7 June 2019)

Parties

Legislation Cited (1)