Termination of employment – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant dismissed due to alleged breaches of respondent Code of Conduct and Values regarding unacceptable behaviour and conduct in the workplace – applicant regularly and repeatedly demonstrated negative, aggressive and hostile behaviours towards colleagues – Commission satisfied there was a valid reason for dismissal based on inappropriate interactions with colleagues – satisfied respondent attempted to manage applicant’s aggressive and threatening behaviour over substantial period of time – applicant had been issued with first and final warning in October 2013 yet continued to exhibit similar behaviour that led to dismissal in December 2014 – that there were no issues with conduct, capacity or work performance in relation to care of residents did not outweigh applicant’s track record of inappropriate and aggressive interactions with colleagues and her refusal to engage in processes to investigate and resolve those issues – respondent conducted detailed investigation and analysis of matters involving applicant and determined applicant should be dismissed – Commission agreed with respondent’s assessment that further show cause process would have been futile – applicant not unfairly dismissed – application dismissed. Woolston v The Uniting Church in Australia Property Trust (Q) t/a Blue Care Bli Bli Aged Care Facility
