TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief for unfair dismissal – respondent is a small business with only four employees – respondent argued the applicant was terminated for serious misconduct on the basis that she hit respondent with loose papers and failed to follow a lawful direction and leave the premises after terminated – applicant submitted she intervened in what she thought was a serious and possibly violent argument – submitted the respondent pushed her and attempted to remove her from her chair resulting in her falling backwards onto the floor and suffering injuries – Commission regarded the respondent’s behaviour as a serious breach of OH&S – Commission accepted that applicant struck the respondent on the shoulder in a non-threatening manner – Commission found actions of the respondent contrary to that of a model employer – Commission found the summary dismissal of the applicant was not in accordance with the Code – Commission found that as applicant did not act violently towards respondent, her actions did not constitute a valid reason for dismissal – both parties submitted employment relationship had irretrievably broken down – Commission found applicant’s actions constituted misconduct at the low end of the spectrum and discounted order for compensation by 5% – Commission found applicant was unfairly dismissed and order for compensation made. Ferla v C&V Engineering Co P/L t/a C&V Engineering Services P/L
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