TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as Key Accounts Manager at time of dismissal – respondent terminated applicant’s employment on the grounds of lost confidence and trust – on 9 November 2016 applicant sent an intemperate and inappropriate email to respondent’s customer services team and another disparaging and highly offensive email about clients to a friend employed by respondent – the clients about whom the comments had been made were inadvertently copied into the email – applicant unsuccessfully tried to recall email – respondent issued letter to applicant to attend disciplinary meeting on 14 November 2016 and until such time would not perform any duties or contact any clients – applicant advised she was unable to attend the meeting however provided a detailed written response for respondent’s consideration – respondent considered applicant’s explanation and found employment relationship was damaged due to gravity of applicant’s conduct – payment made to applicant in lieu of notice – Commission satisfied respondent had valid reason for termination of applicant’s employment – procedural fairness afforded to applicant – dismissal not harsh, unjust or unreasonable – application dismissed. Sologinkin v Cosmetic Suppliers P/L t/a Coty
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