TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant terminated for engaging in conduct designed to seriously undermine respondent, senior management and staff – respondent claimed that while applicant was on WorkCover he made derogatory comments to respondent’s employees, clients and service providers – Commission of belief much of the evidence relied on in relation to applicant’s alleged behaviour was hearsay – in absence of any direct evidence, Commission could not find applicant made any disparaging comments about respondent, its senior management to clients and or contractors of respondent – Commission determined no valid reason given for dismissal of applicant – applicant’s termination found to be unjust and unreasonable in circumstances – Commission not satisfied enough evidence or submissions provided to determine remedy – separate directions to be issued regarding remedy. Mahoney v OSSA Services P/L t/a OSSA Services
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