TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for misconduct – applicant alleged no valid reason for dismissal – disputed facts between applicant and respondent – Commission found working environment at respondent disorganised and communications were of a robust nature – use of dismissal as motivational tool was regularly employed by respondent who appears to have set the tone – applicant appeared to follow that lead – applicant’s lateness explained by child care responsibilities – respondent’s issue with applicant’s smoking was that applicant smoked, rather than time spent outside the office – applicant may have acted inappropriately but these concerns not expressed as part of a formal disciplinary process – disciplinary approach appeared inconsistent with approach taken towards other employees – respondent accepted there was an absence of procedural fairness – Commission found the conduct complained of not sufficient to provide a valid reason for dismissal – applicant not advised at the time of reasons for dismissal – no opportunity to respond – no warnings given to indicate her conduct or performance placed her employment in jeopardy – dismissal was harsh, unjust or unreasonable – reinstatement not appropriate – applicant sought to mitigate loss – compensation of $4943 less income earned awarded – order will be issued. Knight v Fawcett Plumbing P/L t/a Fawcett Plumbing
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