Jia Qi Yan has won her unfair dismissal claim against Spotless Facility Services Pty Ltd T/A Spotless. The matter was heard over four days. Brendan Edghill, Senior Industrial Officer from the Health Services Union NSW and Mr David Bray, NSW Manager – Workplace Relations at the Australian Industry Group, were granted leave to appear pursuant to s.596(2)(a) of the Act. In January 2016, Spotless commenced providing catering and other services to the Rehabilitation and Disability Support Network operating the Royal Rehab facility at Morrison Road in Ryde, Sydney. Ms Yan commenced employment as a Personal Food Assistant for Royal Rehab on 3 March 1998. She injured her elbow whilst at work, she continued to perform her full range of duties until November 2015, when some restrictions were placed on the duties she could perform. She was subsequently stood down and directed to undertake a ‘functionality assessment’ by a physiotherapist. She was subsequently, after an assessment meeting dismissed by letter. Fair Work has issued an order for reinstatement with continuity of service together with an amount of twelve weeks’ salary.
