TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant terminated for misconduct, in particular an exchange with a manger in 2016 and a 2015 written warning in 2015 for aggressive conduct – applicant submitted he was terminated because of his desire for family friendly work arrangements and an earlier work-related injury – respondent submitted applicant was dismissed for pattern of conduct including aggression towards other employees over time, and a failure to acknowledge and address conduct – facts of matter heavily contested – Commission preferred evidence of respondent and concluded a valid reason for termination existed – applicant notified of and given opportunity to respond, notwithstanding his refusal to participate in some of the discussions – applicant’s father permitted to attend meeting as a support person – despite applicant’s submissions, no evidence of a WorkCover claim being a determinative factor in applicant’s dismissal – applicant’s on going injuries and family responsibilities relevant to harshness – Commission not satisfied dismissal harsh, unjust or unreasonable – application dismissed. O’Connor v Crown Equipment P/L
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