Termination of employment – valid reason – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed for 18 years as a disability support worker – applicant dismissed after he joked about a colleague sexually assaulting their daughter – co-worker overheard joke and complained to company’s chief executive – co-worker had expressed discomfort with applicant’s sense of humour in past – applicant attended show cause meeting and apologised for his comments – Commission accepted on balance of probabilities applicant intended to provoke reaction from co-worker – respondent could no longer rely on applicant’s judgement with colleagues or vulnerable clients – found valid reason for dismissal – applicant had not been subject to adverse performance management or conduct reviews in the past – found employer could no longer have trust and confidence in applicant’s judgement in the future – dismissal not harsh, unjust or unreasonable – application dismissed. Hengst v Town and Country Community Options Inc.
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