TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant commenced employment as a casual excavator operator in May 2015 – applicant dismissed via text message on 23 December 2016 – business of respondent is the demolition of residential and small commercial buildings and the removal of rubble – respondent claimed applicant caused damage to structure at a number of properties and damage to the respondent’s excavator – evidence of this damage was based solely on oral evidence of the witnesses – Commission found valid reason for dismissal – found complete absence of procedural fairness to the applicant leading to the dismissal and in the dismissal itself – also an absence of documented operating procedures, site reports or other documents providing guidance to the applicant of potential risks – Commission determined dismissal was harsh, unjust and unreasonable – reinstatement inappropriate – remedy of compensation appropriate – ordered payment of $4,750 (gross) as compensation. Kalioros v AC Demolition and Services P/L t/a AC Demolition
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