TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant dismissed for misconduct – respondent alleged applicant misrepresented himself as a supervisor to a client of the respondent and became privy to information that the client would normally only share with decision makers or supervisors – when confronted with this accusation the applicant responded that he had safety obligations – respondent decided the applicant’s conduct was unacceptable and his employment terminated – Commission satisfied that the applicant represented himself to the client as a supervisor when he was not one – however not satisfied that his conduct warranted a dismissal – no valid reason for the termination of the applicant’s employment – termination was harsh because he was terminated summarily and even if his conduct had been sufficient to justify dismissal it was not of such a character as to warrant summary dismissal – Commission satisfied that applicant’s misconduct contributed to decision to dismiss him and so reduced the amount of compensation payable by 20% – ordered compensation of $9,120.00 and an additional $866.40 to his superannuation fund. Jarvis v Croker Constructions
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