TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as storeperson and order packer – summarily dismissed following physical altercation with colleague and for failing to comply with employer’s direction – whether dismissal harsh, unjust or unreasonable – applicant had been involved in previous workplace incidents and had been instructed by respondent not to take photographs at the workplace – applicant and colleague became involved in physical altercation after applicant allegedly took photos of colleague while working – respondent submitted summary dismissal was appropriate in the circumstances because applicant had history of poor performance, was on final warning and had behaved in an aggressive manner – applicant denied taking photos of colleague – claimed respondent’s direction not to take photographs was unreasonable on safety grounds – claimed he acted in self-defence and physical altercation did not constitute valid reason for dismissal because of lack of consistency between treatment of him and colleague in relation to the incident -Commission satisfied respondent’s direction to applicant not to take photographs in workplace without approval was lawful and reasonable – satisfied applicant physically assaulted colleague given consistency of witness evidence and applicant conceded his memory of the incident was unclear – not satisfied applicant’s claim of self-defence could be sustained – satisfied respondent had valid reason for dismissal – satisfied applicant was afforded procedural fairness – no other relevant matters raised by applicant made dismissal harsh, unjust or unreasonable – Commission found dismissal of applicant not unfair – application dismissed. Rayner v Little Moreton P/L t/a H-R Products
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