Termination of employment – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for having inappropriate conversation with colleague about personal situation in open work area – held to be valid reason – other matters considered – applicant’s disciplinary history – warnings for interactions with colleagues that were inappropriate, disrespectful and derogatory – period of service of five years not lengthy but not insignificant – proportionality of response – had conduct been isolated incident dismissal would have been disproportionate – conduct was not sufficient for summary dismissal – employer made payment in lieu of notice – personal improvement plan fell short of best practice – on balance given earlier warnings found unlikely would have prevented applicant’s inappropriate behaviour – dismissal not harsh, unjust or unreasonable – application dismissed. McGinnis v BHP Billiton Iron One P/L
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