TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a prison officer at Acacia Prison – dismissed following an investigation into four allegations of misconduct – initial investigation into allegations conducted by respondent – following the lodgement of a dispute notification with the Commission, Resilience Solutions P/L (Resilience) appointed to investigate – respondent argued that the four breaches caused serious safety risks to other Acacia employees, prisoners and the general public – Commission not satisfied the applicant’s conduct was of the kind likely to cause such risks – not satisfied that the actions of the applicant caused ‘serious reputational damage and risk to the profitability of Serco’s business’ – Resilience concluded that, based on her interview, the applicant failed to understand and appreciate the wider implications of security related breaches, Commission found merit in this conclusion – not satisfied that there was a valid reason for summary dismissal for serious misconduct – found summary dismissal was a disproportionate response to the misconduct occurred – satisfied that the summary dismissal for misconduct was harsh, unjust or unreasonable – however, satisfied there was sufficient material on which the respondent could determine there was a valid reason for the termination of the applicant’s employment with notice – dismissal with notice would not have been harsh, unjust or unreasonable – respondent ordered to pay compensation of an amount equal to the quantum of notice that would have been properly paid to the applicant had her employment been terminated with notice – accrued long service leave should also be paid – both amounts should be paid with interest. Fallens v Serco Australia P/L t/a Serco Acacia Prison.
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