TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for relief for unfair dismissal – applicant employed since 19 March 2006 and notified of dismissal on 19 September 2016 with four weeks’ pay in lieu of notice made – respondent submitted applicant dismissed due to unsatisfactory performance and conduct – respondent raised issues of attendance with applicant, given verbal warning in June 2016 – applicant given extensive annual leave in July and August to attend to his personal affairs attendance unsatisfactory upon return to work – warning letter issued on 30 August 2016 and final warning given on 12 September 2016 outlining applicant dismissed due to failing to complete tasks in time and accurately, failing to attend work during 8:30am to 5:00pm and applicant’s tendency to disappear for long periods during the day – principles of determining whether termination was harsh, unjust or unreasonable used from Byrne and Rose v Telstra – Commission satisfied valid reason for dismissal due to applicant’s time keeping and unexplained and sometimes un-notified absences – satisfied applicant notified of valid reason for termination and opportunity to respond – determined dismissal not harsh, unjust or unreasonable – application dismissed. Pham v Professional Investment Services P/L t/a Centrepoint Alliance
…
