Advise Fiona as to her prospects for an action for wrongful dismissal at common law and the amounts likely to be awarded

Fiona has been employed as the full-time mechanic at TBM Pty Ltd trading as "The Best Mechanics," for the past twelve years. TWB employs 30 permanent and 25 casual staff across two sites. The shop had built a strong reputation for its fit out of Porsche vehicles, and Fiona has played a crucial role in maintaining the shop's excellence. Fiona earns $110,000 per year, plus superannuation and bonuses. Fiona has never had a written contract of employment because she started when she was at school, sweeping the floors and doing odd jobs and has always had a really close relationship with the owners Sue and Stanley. A new manager, Mark, was appointed by Sue and Stanley in January this year. Tensions have arisen within the workplace due to changes in management and operational strategies. Mark has a different vision for the future. Under his management, there are significant alterations to the vehicles that will be worked on and working hours. Mark wants everyone to start at 7.30am, as opposed to 8.30am which has been the start time for the last twelve years. In March this year Fiona, along with several other long-term employees, raised concerns about these changes. Fiona and Mark had a conversation to the following effect: Fiona: Mark, can we talk about my working hours? I've noticed some changes recently, and I'd like to discuss them. Mark: Fiona, we've been through this before. We're adjusting working hours to match the new operational needs. Just do your job. Fiona: | understand that changes are needed, but if | am expected to work longer hours, | need to be paid more. Mark: Look, Fiona, you're the head mechanic. That means you need to be here at the start of the day. You need to do the hours we ask you to do and won't be getting paid any more. There is a superannuation increase coming in July, that should be enough| Fiona: | get that. I'm willing to be flexible, but can we find a way to balance operational needs with my needs? Mark: You need to do what's best for the shop. If that means working longer hours, then that's what we expect from you. During the morning meeting that day Mark says to the team, \"Just so everyone is aware, asking you to come in an hour early doesn't mean you will get a pay rise. Does it Fiona?\". Fiona was surprised by the comment and responded, \"Suppose not\". For the first two weeks of May, Fiona is on planned long service leave for her annual trip to Bali. During this time Mark introduces a policy. Among other things the policy states: This policy applies to all employees of TBM and outlines the expectations and guidelines regarding the allocation of work time and engaging in secondary employment or personal tasks during working hours. Employees are expected to dedicate their scheduled work hours to fulfilling their job responsibilities and tasks assigned by their supervisors or management. Engaging in secondary employment, conducting personal business, or performing tasks unrelated to company duties during work hours is prohibited unless explicitly authorised by management. Breach of this policy may result in disciplinary action, including verbal or written warnings, suspension, or termination of employment, depending on the severity and frequency of the breach. On her first day back from leave on 20 May 2024, Fiona is late to work and only arrives at work at 8.40am. Fiona is asked to go to Mark's office when she arrives for the day. Fiona and Mark have a conversation to the following effect: Mark: Fiona, | wanted to discuss your punctuality. Lately, you've been arriving late to work quite frequently, and it's becoming a concern. Fiona: Oh, I'm really sorry about that, Mark. I've been having some trouble with traffic in the mornings, but I'll do my best to leave earlier from now on. Mark: Fiona, your behaviour is insubordination and has affected the morale of the staff. If it happens again, | will have to issue you with a first and final warning. traffic in the mornings, but I'll do my best to leave earlier from now on. Mark: Fiona, your behaviour is insubordination and has affected the morale of the staff. If it happens again, | will have to issue you with a first and final warning. Mark then asks Fiona to go to the shop floor and over the intercom says \"Attention everyone, Fiona was late today, and she doesn't have a good excuse. She will receive a warning if she is late again, and you can all expect the same if you are late". Fiona is humiliated by the announcement and intends to raise it with Sue and Stanley later that day. That day is very busy in the shop, and Fiona's mum calls her and says her car's oil light is on and asks if she could bring the car in for an oil change and inspection. Fiona says yes, she will have time at 1pm during her lunch break. At 1pm, Mark notices Fiona doing unscheduled work. He says to Fiona, \"/ can't believe what you have done\" Fiona is surprised by Mark's reaction and says \"/ just changed the oil in Mum's car, the light was on\". Mark says \"You know our policy, Fiona. Conducting personal business or performing tasks unrelated to company duties during work hours is prohibited\". Fiona says she wasn't aware of the policy and Mark tells her it came out two weeks ago. Fiona tries to explain that she has been on leave. Mark says \"/t doesn't matter, Fiona. The policy is clear.\" Fiona tries to explain that she didn't mean to breach the policy and it was on her lunch break and that her Mum always pay for the service, but Mark says 3 \"As per our policy, your breach is a serious matter. I'm left with no choice. Your employment is terminated, effective immediately. You'll receive pay for today and any leave, that's it". Fiona has been out of work since the termination of her employment from TBM on 20 May 2024. She's been actively seeking new employment, but the options are limited in her area, which is not known for high-end mechanic repair shops. She was offered a role at \"The Car Parts Specialists\