TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as groundsman – respondent claimed applicant’s termination followed series of poor behaviours and failure to follow basic instructions – failed to comply with reasonable instructions regarding attendance and leave arrangements – applicant advised of dismissal in text message – dismissal occurred on a summary basis – Commission found respondent had a valid reason for dismissal, however found dismissal unfair as gravity of applicant’s misconduct was disproportionate to summary dismissal – applicant not adequately warned about performance or behavioural issues – no opportunity to improve, respond or request support person – Commission found reinstatement inappropriate – compensation reduced by one third due to misconduct – ordered compensation of two week’s pay, less tax. Hayes v Mechanical Vegetation Solutions P/L
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