TERMINATION OF EMPLOYMENT – misconduct – s. 394 Fair Work Act 2009 – applicant worked on respondent’s glass cutting line – incident occurred between applicant and production manager where respondent alleged applicant was aggressive – applicant did not receive formal warning over incident as showed remorse – applicant involved in another incident with fellow employee – applicant left workplace after incident – applicant contacted production manager by telephone and hung up on him – applicant subsequently dismissed in telephone call – Commission determined whether alleged conduct took place and whether it constituted valid reason on basis of evidence – Commission unable to form definitive view as to whether conduct attributed to applicant (other than leaving workplace) occurred – Commission not satisfied there was valid reason for dismissal – Commission not satisfied that reason for termination was defensible or justifiable on objective analysis of facts – found dismissal unreasonable – Commission did not consider reinstatement appropriate as would make already fractious relationship untenable – ordered compensation in lieu of reinstatement of $11,250 less tax to be paid 28 days of decision being issued. Edwards v Jeld-Wen Glass Australia P/L t/a Jeld-Wen Glass Australia
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