TERMINATION OF EMPLOYMENT – probation – s.394 Fair Work Act 2009 – respondent was not satisfied with progress of a task being completed by applicant and decided not to confirm applicant’s appointment and terminated her employment in accordance with clause 22 Probation of the Agreement – applicant contended that she was terminated due to a bullying complaint made and that she was a union member – Commission could not conclude that applicant was dismissed due to a bullying complaint and her union membership – found that applicant was terminated due to lack of satisfaction with the progress of a task being completed by the applicant – Commission was not satisfied that reason for dismissal was valid and found applicant unfairly dismissed – applicant sought reinstatement as a remedy – respondent opposed reinstatement – Commission ordered applicant be reinstated into her role on terms and conditions no less favourable than those when she was employed. Dr Lawless v Charles Strut University
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