TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant worked for respondent for six years as a caravan finisher – applicant on leave on date of dismissal – respondent alleged applicant took unauthorised leave and said applicant ‘grated’ on him – further claimed that applicant took unauthorised breaks and encouraged other staff to slow down production – Commission found applicant did not engage in alleged conduct – held that reasons relied upon by respondent appeared to be capricious – not disputed that applicant did not receive written notice – Commission found termination unfair – ordered compensation of $15,051 plus 9.5% superannuation, taxed appropriately. Galea v Billabong Custom Caravans P/L
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