UNA ANN SMIT v MUTUAL PHARMACY

Key Issues

• {"issue_text":"Whether the appellant's dismissal was unlawful","issue_type":"fact","dispositive":"yes","related_facts":"Appellant was on sick leave; disciplinary hearing held; appellant admitted wrongdoing"}
• {"issue_text":"Whether the claim for underpayment is founded","issue_type":"law","dispositive":"yes","related_facts":"Appellant based claim on commercial sector CBA; respondent falls under medical industry NEC"}
• {"issue_text":"Whether terminal benefits should be calculated based on claimed underpayment salary","issue_type":"law","dispositive":"no","related_facts":"Terminal benefits claim; underpayment claim"}
• {"issue_text":"Whether medical expenses claim can be raised on appeal","issue_type":"procedural","dispositive":"no","related_facts":"Medical expenses not referred to arbitration; not dealt with at arbitration"}

Background