TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant commenced casual employment with the respondent on 1 October 2014 – received third and final written warning on 8 July 2015 – all warnings based on customer complaints – after receiving the final warning applicant made a number of serious allegations against the respondent on 11 July 2015 and 12 July 2015 – respondent began to conduct an investigation – while investigations were ongoing applicant sent threatening emails to the respondent and ignored lawful instructions to cease sending these emails – applicant also uncooperative and confrontational during a meeting necessary to the investigations on 16 July 2015 – respondent submitted dismissal based on a failure to follow lawful instruction and allow the investigations to take their course – applicant submitted the three warnings he received were bogus and he was dismissed for making allegations against the respondent – Commission satisfied there was a valid reason for dismissal – held three warnings based on customer complaints – found that respondent’s instruction to cease sending threatening emails was reasonable – application dismissed. Whitham v Apple Marketing t/a Apple Marketing Group
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