TERMINATION OF EMPLOYMENT – valid reason – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant acted as a workplace representative for colleagues – applicant began to charge for representation services, which respondent alleged amounted to a conflict of interest – applicant rejected activities amounted to conflict of interest – respondent’s managers expressed concern about aspects of applicant’s behaviour – respondent conducted investigation and determined that applicant had breached code of ethics – applicant was dismissed – applicant submitted no valid reason for termination existed – Commission satisfied that allegations of misconduct relating to day-to-day work proven – Commission satisfied that implementation of payment system for representation altered the nature of his role as a workplace representative and represented a manifest conflict of interest – while valid reasons for dismissal existed, respondent invoked summary dismissal in circumstances where applicant had not been suspended from duty – respondent deprived of capacity to dismiss without notice in these circumstances – procedural error rendered dismissal unreasonable and unjust – applicant sought reinstatement – respondent’s lack of trust in applicant rendered reinstatement inappropriate – applicant’s failure to mitigate loss considered – compensation awarded. Cook v Australian Postal Corporation t/a Australia Post
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