TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – Applicant dismissed for assault upon colleague – applicant suspended without pay following complaint – investigator appointed to investigate incident concluded that applicant had grabbed complainant, leaving bruising to her arm, constituting sexual harassment – investigator concluded applicant breached Public Sector Management Act 1994 and the respondent’s code of conduct – applicant invited to ‘show cause’ as to why his employment should not be terminated – applicant’s representative submitted to Respondent’s that investigator’s report should not be relied upon as applicant had been denied natural justice and fair investigation – applicant’s representative applied to Commission to deal with dispute – Commission conference did not resolve the dispute – respondent subsequently dismissed applicant – applicant submitted no valid reason for dismissal, denial of procedural fairness and natural justice – submitted respondent had failed to carry out proper investigation – respondent submitted evidence supported conclusion that conduct attributed to Applicant had occurred and that Applicant had been afforded procedural fairness – submitted that conduct represented a fundamental breach of trust between parties – Commission satisfied alleged conduct occurred – Commission unable to find that Applicant was denied procedural fairness or that ensuing report was flawed – valid reason for termination existed – Applicant notified of that reason and given opportunity to respond – dismissal not harsh, unjust or unreasonable – application dismissed. Powell v Calvary Health Care ACT Ltd t/a Calvary Public Hospital Bruce
