Termination of employment – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant dismissed for breaches of Code of Conduct, Discrimination, Harassment and Bullying Policy, Electronic Usage Policy and employment obligations – respondent conducted investigation into alleged misconduct – respondent scheduled meeting on 20 October 2014 – on 17 October 2014 applicant provided a response to the respondents ‘show cause’ correspondence and presented medical certificate stating he was unfit for work between 13 October 2014 and 13 November 2014 – applicant did not attend meeting on 20 October 2014 – respondent made repeated attempts to contact applicant and on 22 October 2014, dismissed applicant for serious misconduct – applicant submitted decision to terminate his employment was unjust – Commission found applicant could have avoided the consequences of his dismissal if he had a different approach to lawful instructions, complied with policies and resisted the urge to tell colleague what he thought of him – respondent’s investigation was thorough and timely – allegations could be clearly understood and applicant given an opportunity to respond and advised of the findings – Commission satisfied dismissal was not unfair – application dismissed. O’Connell v Wesfarmers Kleenheat Gas P/L t/a Kleenheat Gas
…
