The employer, despite being part of a global company with over 20,000 employees and access to legal and HR expertise, failed to follow any procedural fairness requirements.
The Commission found the absence of procedural fairness particularly serious, given the nature of the allegations and the employer’s access to resources that could have supported appropriate processes.
The size and sophistication of the organization created heightened expectations for proper dismissal procedures that were completely absent.
The worker’s subsequent detention by Chinese police and imposition of a travel ban preventing return to Australia demonstrated the serious personal consequences of the employer’s failure to address concerns through proper workplace processes before involving external authorities.
Compensation reflects unfair treatment
The Commission ordered compensation of approximately $50,750, representing six months’ earnings, finding reinstatement inappropriate given the breakdown of trust and the worker’s current travel restrictions.