TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – applicant dismissed in February – respondent did not attend the hearing however contended that the applicant was negative and failed to follow implemented processes after being shown how to do the work – applicant and respondent had numerous meetings prior to her dismissal with the last meeting being held in December – Commission did not consider that the applicant’s performance and conduct in January and February was unsatisfactory to warrant the termination of her employment – at the time of the applicant’s dismissal there was no valid reason for the dismissal – Commission found that applicant’s dismissal was harsh, unjust and unreasonable – applicant sought reinstatement – appropriate to issue an order that the applicant be reinstated – order also that respondent pay the applicant the amount of remuneration lost as a result of her dismissal – order to maintain the continuity of the applicant’s employment also considered appropriate – separate order to be issued giving effect to the decision. McPartland v Degree Refrigeration P/L t/a Weston Family Trust
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