TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant dismissed for alleged serious misconduct – respondent had gone into liquidation and neither the receiver and manager of the liquidator filed any material in opposition to the application – Commission unable to be satisfied that the applicant had committed serious misconduct – found the dismissal was unfair – no valid reason to dismiss and applicant denied procedural fairness – applicant sought reinstatement and payment of five months wages, being the time from his dismissal to the present date, because he has struggled to find work and will continue to struggle to find work because his reputation has been tarnished – found no position with the company to which he could be reinstated – Commission unable to make orders that new owner offer him employment. – reinstatement not appropriate in these circumstances – compensation appropriate – increased by 30% to compensate applicant for the loss of income beyond the sale of the business – ordered compensation of $13,752.96 plus and additional $1,306.53 to his nominated superannuation fund. Roberts v Fraser-Scott Developments P/L (Receivers and Managers Appointed) (In Liquidation)
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