TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as a primary school physical education teacher – dismissed following certain events and allegations of misconduct – one incident involved applicant ‘grabbing back of blazer of student and lifting him to his seat’ where student was involved in wrestle with other student – respondent made several allegations of misconduct – investigation conducted by Worklogic – respondent advised applicant in show cause letter that following investigation there were 13 allegations of misconduct – misconduct included inappropriate physical force, calling students ‘losers’ and placing student outside classroom – applicant submitted that respondent failed to follow its complaints procedure as he had not been notified of allegations – Commission did not consider reasons for dismissal to be ‘capricious, fanciful, spiteful or prejudiced’ – found valid reason – held that applicant exhibited a pattern of behaviour in his conduct in relation to children and the college that was unacceptable – dismissal not harsh, unjust or unreasonable – application dismissed. James v St Thomas Aquinas College Limited t/a Thomas Aquinas College
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