TERMINATION OF EMPLOYMENT – termination at initiative of employer – frustration of contract – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – report by another staff member that applicant was going home during his night shift – applicant accused line manager of playing favourites in the selection of staff members – accusations were in front of other staff members in an intimidating manner and caused line manager significant embarrassment and stress – applicant sent emails to line manager which contained allegations about her conduct – line manager believed allegations to be unfounded and lodged grievance against applicant – applicant stood down pending investigation – applicant indicated he would not attend scheduled meeting unless various allegations raised were investigated – applicant failed to attend meeting and was subsequently informed in writing the respondent considered his actions a frustration of contract – respondent subsequently became aware the applicant was planning on moving interstate – respondent wrote to applicant on two occasions informing that if he did not advise them otherwise they would conclude he was abandoning his employment – applicant’s response was equivocal on both occasions – applicant subsequently informed by letter his employment would be treated as having come to an end by frustration of contract – respondent conceded applicant was not afforded procedural fairness – Commission found applicant was dismissed unfairly – applicant sought reinstatement – Commission found applicant’s conduct undermined the respondent’s trust and confidence in him – not satisfied relationship could be restored if applicant reinstated – applicant’s concession that he refused to attend investigation meeting and that he had lost respect for higher management suggests breakdown was mutual – Commission satisfied compensation appropriate to compensate applicant for respondent’s failure to provide procedural fairness – amount applicant earned since termination exceeded amount of compensation awarded – Commission found not appropriate for a contingency to be applied – satisfied no other matters which warrant an increase or reduction in amount of compensation to be ordered – no order for reinstatement or compensation appropriate. Ahmed v Southern Cross Care WA (Inc)
