TERMINATION OF EMPLOYMENT – performance – misconduct – ss.387, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed from employment for unsatisfactory performance and misconduct – evidence showed inconsistent performance by applicant throughout work history – on occasions work performance considered praiseworthy however evidence of persistent lateness coupled with some unsatisfactory conduct incidents – employer issued written and verbal warnings on number of occasions – contended valid reason for dismissal based on repeated lateness, failure to comply with company policy and misconduct related to speaking disparagingly towards supervisor – also contended had afforded applicant procedural fairness by issuing multiple warnings – applicant did not provide reasonable explanation for lateness – Commission found valid reason under s.387 of the Act relating to performance – established by documented incidences of lateness without prior notice in six months leading up to termination – employer also entitled to rely on documented misconduct – Commission accepted employer provided applicant both verbal and written notification for reasons for dismissal and provided applicant with opportunity to respond – Commission concluded applicant’s dismissal was not harsh, unjust or unreasonable – application dismissed. Rooney v Pickles Auctions P/L
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