TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant the recipient of a training wage under the supported wage system – worked three days per week – dismissed for using offensive language towards his supervisor – applicant admitted using the phrase but said it was ‘out of character and arose from frustration at being criticised’ – B, C and D v Australian Postal Corporation adopted – applicant suffers from cerebral palsy – Commission found respondent did not have sufficient regard to the disability of the applicant – found no evidence of anger or aggression – satisfied applicant’s words, in context, did not constitute a valid reason for dismissal – found no valid reason – applicant unfairly dismissed – reinstatement not appropriate – compensation of $3,850 ordered. Kazmar v Test-Rite Imports Australasia P/L t/a Medalist
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