TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant dismissed by text message following verbal altercation over telephone with respondent about unpaid overtime – no issue previously raised about applicant’s work performance – respondent failed to file response, participate in conciliation or file further materials – respondent failed to engage with Commission – respondent represented by employee not employed at time applicant dismissed – respondent business in voluntary administration – application not stayed by Corporations Act – applicant behaved in rude and disrespectful manner towards respondent – Commission found valid reason for dismissal – text message not appropriate mechanism for dismissal – no evidence applicant was substandard employee – applicant not given opportunity to respond – found dismissal procedurally unfair – ordered $828 compensation less tax. Hain v Ace Recycling P/L
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