TERMINATION OF EMPLOYMENT – misconduct – ss.391, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as afternoon shift driver – respondent contended that applicant forcefully elbowed another employee in the side after leaving a meeting of employees – applicant said incident never happened – standard of proof required to establish a valid reason is the civil standard of proof on the balance of probabilities [Briganshaw v Briganshaw] – applicant had poor work record – was on final warning due to misconduct whilst driving one of the respondent’s vehicles – evidence did not establish to the reasonable satisfaction of the Commission the applicant physically assaulted another employee by forcefully elbowing him in the side – Commission found respondent did not have a valid reason for the dismissal – found dismissal was harsh, unjust and unreasonable – reinstatement appropriate – respondent ordered to maintain both continuity of applicant’s employment and period of applicant’s continuous service with respondent under s.391(2) of FW Act. Stone v Citywide Service Solutions
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