TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as ABA’s Training Manager – applicant terminated for engaging socially with a student at a private function outside normal business hours, that was unrelated to their education, and escorted a student to his private residence – applicant submitted reasons for termination did not appear in his employment contract and specifically did not appear under reasons for summary termination, adding that policies were not contractual in nature – applicant further submitted he had never been provided with evidence of the person who made the allegations against him – respondent submitted actions were not unduly harsh because the outcome was proportionate to the gravity of the applicant’s misconduct and senior position and influence within the company – respondent further submitted it risked reputation, viability and/or profitability of ABA’s business, including carrying with it the prospect of ABA losing its license to operate under both the National Vocational Education and Training Regulator Act 2011 and the ACT’s working with vulnerable people legislation – Rode’s decision considered – Commission found applicant’s actions fell within the definition of serious misconduct – as set out in ABA’s Workplace Behaviours Employee handbook – valid reason for dismissal – application dismissed. Farhnhill v Australian Business Academy P/L
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