TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed since 11 August 2014 and notified of dismissal on 1 September 2016 – respondent submitted an F3 stating applicant was terminated on 31 August 2016 because he refused to clean up unset concrete as instructed by his supervisor – respondent did not participate in the hearing – Commission found no valid reason for dismissal, no notification of a valid reason or an opportunity to respond – found the termination was harsh and unjust – ordered compensation of $12,433.60. Melim v Construction Staff NSW
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