TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant drove street sweeper truck – verbally abused and swore at a member of the public, including using threatening gestures, and verbally abused and swore at his team leader – applicant gave evidence downplaying the seriousness of this conduct – Commission did not accept his evidence as reliable – Commission considered applicant’s behaviour was inappropriate and of a serious nature – behaviour in breach of the standards established by respondent and communicated to applicant – Commission found conduct did occur and was a valid reason for his dismissal – earlier warnings relating to similar events had been provided – culture and behaviour of the workplace considered – robust culture, but issues in the team had arisen in the past and been addressed by the respondent with an effort to avoid inappropriate behaviour in the future – dismissal not harsh, unjust or unreasonable – applicant sought to downplay behaviour and defend it as appropriate or excusable, not accepting responsibility or showing contrition in a way which might have impacted on the assessment of his termination – application dismissed. Stratton v City of Greater Geelong
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