This is a practical dismissal case because it has the kind of messy timeline employers actually create: probation concerns, meetings, leave, a workers compensation claim, a delayed letter, confusion over dates, late notice payment and company property sitting in the background.
The employer successfully defended the main appeal points. The Federal Court dismissed Ms Leung's appeal from findings that Omnia had not breached the Fair Work Act provisions dealing with adverse action and temporary absence because of illness or injury. But the story still contains a sharp warning for businesses. The earlier finding that Omnia breached minimum notice requirements remained, together with a compensation order.
For small employers, the lesson is not that probation is dangerous. The lesson is that probation needs admin discipline. If a dismissal decision is made, record who made it, why it was made, when it was communicated, what date takes effect and how notice or payment in lieu is handled. Do not let a dispute about keys, laptops or company property muddy statutory entitlements.