TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as restaurant manager – applicant dismissed for failure to perform mandatory weekly stocktakes and being late to work on numerous occasions, resulting in late opening of the restaurant – Commission considered evidentiary cases for both parties – evidence led by applicant was considered either unreliable, irrelevant or counter to her own evidence – applicant’s witnesses provided two contradictory statements – Commission considered evidentiary case for respondent compelling – evidence of respondent’s witnessed had none of the hallmarks of fabrication or concoction – satisfied on the evidence that the respondent had a sound, defensible and reasonable basis, thus a valid reason for dismissal – applicant not accorded procedural opportunities to defend her position – not notified of her dismissal in advance nor provided an opportunity to respond to conduct and performance issues – Commission did not consider that the result would have been different had the applicant been able to exercise her rights in relation to such procedural opportunities – applicant’s continuing employment had become and unsustainable proposition – Commission found dismissal not harsh, unjust or unreasonable – application dismissed. Rani v Limitless Ventures Toscas P/L t/a Toscanis Mackay
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