TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – applicant employed across varying roles at sugar cane mills – applicant owned personal sugar cane harvesting business – respondent issued notice that annual leave would not be granted during crushing season – applicant granted paid carer’s leave for wife’s pregnancy complications – applicant then granted three weeks annual leave – applicant claimed hours on paid carer’s leave spent caring for wife and out of hours harvesting personal cane – respondent believed applicant should not have cut cane during paid carer’s leave – employment suspended – at meeting respondent informed applicant employment would not be terminated if he complied with certain conditions such as submitting timesheets of working hours in own business – applicant did not agree – said this was an attempt to force him to resign as it was unworkable and invaded privacy – employment terminated on basis of serious misconduct – applicant alleged three separate incidents of discrimination against him from respondent – Commission found harvesting out of hours while on carer’s leave not valid reason for dismissal – nature of carer’s leave different from sick leave – where activities outside applicant’s ordinary hours of work and adequate care arranged then not employer’s concern – Commission found applicant’s unreasonable refusal to provide information that respondent reasonably and lawfully requested in the employment conditions valid reason for dismissal – dismissal not harsh, unjust, unreasonable or discriminatory – Commission noted respondent should consider appropriate payment during stand down period – application dismissed. Munro v Wilmar Australia P/L
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