TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed from childcare centre for gross misconduct – respondent claimed CCTV footage showed applicant manhandling children – despite presence of Team Leader during conduct respondent did not call upon them to provide evidence – respondent took no steps to investigate conduct before dismissing applicant – Commission found conduct, though unprofessional, did not amount to serious misconduct – found no valid reason for dismissal as conduct warranted warning and further training, not dismissal – Commission also considered factors such as respondent’s failure to provide applicant with notification or opportunity to respond in finding dismissal harsh, unjust and unreasonable – dismissal unfair – remedy to be determined. Yadav v Maddingley Montessori Centre P/L
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