TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal remedy – applicant performed various tasks for the respondent, including fitting sounds systems and other equipment into motor vehicles – applicant was summarily dismissed by the respondent on grounds of serious misconduct after a series of incidents over a three day period – applicant performed a burnout in the driveway of the respondent’s business; had not installed equipment to an appropriate standard on a customer’s vehicle and subsequently treated the customer in an aggressive and contemptuous manner when they returned the following day to rectify the fitting; and made rude and aggressive gestures to a security camera in the workshop – respondent asked applicant to attend a meeting on 16 August 2016 to ‘Show Cause’ – applicant did not attend the meeting – applicant dismissed on 16 August 2016 on grounds of serious misconduct – the applicant acknowledged each incident but suggested they occurred largely as a result of his frustration with working conditions of the business – submitted that dismissal was a disproportionate response – respondent submitted that each incident, when viewed individually or in combination, demonstrated that the applicant did not intend to have an ongoing role in the business – Commission satisfied that each incident was significant and accentuated by the fact they occurred over three consecutive days – satisfied these incidents provided the basis for summary dismissal on grounds of serious misconduct – dismissal not harsh, unjust or reasonable – application dismissed. Spurr v Valley Retreat Investments P/L t/a Autobarn Melton
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