TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for repeated unacceptable behaviour including intimidation, insulting remarks, ignoring or excluding individuals and public criticism – Commission found valid reason for dismissal noting applicant’s long record of repeated inappropriate behaviour, most obviously getting angry and shouting at colleagues – did not accepted that this was simply applicant’s nature or that he had a loud voice – applicant notified of reason for dismissal via general ‘show cause’ letter and notification of meeting to discuss inappropriate behaviour – opportunity to respond given at meeting – support person present, although person not of applicant’s choice – several warnings – respondent had qualified human resources professionals and followed reasonable procedures given its medium size – Commission satisfied applicant engaged in misconduct and was afforded procedural fairness – application dismissed. Diaz v Anzpac Services (Australia) P/L
…
