TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant summarily dismissed after complaint of mistreatment of two residents at aged care facility made by co-worker – applicant denied allegations – complainant alleging mistreatment failed to attent hearing – whether alleged conduct took place to be determined on balance of evidence – required to have regard to seriousness of allegations – no direct evidence provided by respondent – applicant’s sworn evidence unchallenged – complainant evidence about incident hearsay – complainant unsigned police statement not given any weight – complainant not available for cross-examination – evidence could not be challenged – not satisfied on balance of probability alleged conduct occured – no valid reason for termination – applicant being afforded procedural fairness not sufficient to find termination fair – termination unjust because applicant not guilty of alleged misconduct – applicant not seeking reinstatement – $4522.48 compensation ordered. Raya v Aged Care Services Australia Group P/L t/a Elanora Aged Care.
