TERMINATION OF EMPLOYMENT – valid reason – performance – remedy – s.394 Fair Work Act 2009 – applicant employed by Tangentyere Council Aboriginal Corporation (TCAC) as a cook – applicant started off as casual and subsequently made permanent part-time – on 27 July 2016 there was an incident in the kitchen with her supervisors – on 16 August 2017 meeting was held with applicant and Human Resources – no basis on which applicant could understand this was a performance meeting and outcomes were not set out in writing to ensure there would be no confusion as to future expectations – on 11 November 2016 there was another incident involving applicant – on 28 November applicant’s employment was terminated as she was deemed not ‘a good fit for the role’ – Commission not satisfied that the incidents were of such a serious nature that they warranted dismissal – applicant was denied procedural fairness and was given no advice as to why her employment might be terminated – not afforded an opportunity to improve prior to the decision to terminate employment – no formal outcome of meeting meant that there was nothing to objectively measure applicant’s future behaviour against – when the November incident occurred applicant was unaware of possible consequences – whilst Commission did not find applicant blameless in issues with supervisors, this did not provide valid reason for dismissal and as such her dismissal was harsh – Commission satisfied applicant was unfairly dismissed – further directions about compensation. Newchurch v Tangentyere Council Aboriginal Corporation
