TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed at a furniture store – during an argument, applicant raised her voice and grabbed colleague’s wrist – respondent arranged meeting to discuss incident – applicant requested more time to organise support person – respondent did not respond to request – Commission found that respondent unreasonably refused to allow support person by failing to postpone meeting – Commission found that applicant was not given an opportunity to respond to allegation – Guillermo considered – no evidence of past misconduct – Raj Bista considered – Commission considered Crimes Act 1958 (Vic) – intention element for assault not made out – applicant expressed remorse and was forthcoming with evidence – Commission satisfied that dismissal was harsh, unjust or unreasonable – dismissal unfair – applicant reinstated to equivalent position at different location – compensation ordered for loss resulting from dismissal, minus three weeks’ pay for applicant’s unacceptable behaviour. Broadhead v Furniture Galore P/L t/a Furniture Galore
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