TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – on day prior to dismissal applicant left work without attending ‘huddle’ meeting – applicant claimed was feeling unwell and did not hear manager articulate direction as he left premises – applicant claimed had already clocked off at time of huddle – applicant dismissed following meeting held the next day between applicant, Manager and General Manager – employer claimed applicant’s conduct constituted gross misconduct for failing to follow lawful instrument from Manager – Commission found photographic material led by employer demonstrated applicant had not clocked off at time of huddle but had clocked off at time manager communicated intention to convene huddle – applicant conceded in cross examination aware of huddle and requirement to attend – one instance where applicant subject to written warning previously – no other warnings or disciplinary action – Commission found employer might reasonably have reservations about applicant’s conduct in this instance but conduct when considered in full circumstantial matrix not valid reason for dismissal – applicant not provided satisfactory notice that he faced dismissal for conduct – not extended opportunity to have support person present at meeting – Commission held dismissal harsh and unreasonable – employer ordered to pay $8,541.28 compensation. De Sola v ECB P/L t/a East Coast Bullbars
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