TERMINATION OF EMPLOYMENT – valid reason – alleged misconduct – criminal charge – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as disability support co-ordinator – dismissed after charged with production of a dangerous drug – respondent claimed dismissed due to loss of trust and confidence – Commission found no valid reason for dismissal – implicit that respondent believed applicant involved in drug related criminal conduct – Commission not satisfied, on balance of probabilities, that applicant had knowledge of or involvement in production of a dangerous drug – did not accept that on material before it, respondent could have reasonably concluded applicant involved in criminal activity or that applicant dishonest or not forthcoming – applicant complied with requirement to inform respondent of criminal charge to extent could lawfully and reasonably have been required to do so – did not accept that applicant brought respondent into disrepute – long and otherwise unblemished work record – entitled to benefit of the doubt, instead respondent formed adverse view about criminal charge and set out to dismiss – applicant’s quadriplegia heightened adverse consequences of dismissal for personal and economic situation – dismissal harsh due to consequences particularly given disability – unjust as not guilty of misconduct on which respondent acted and decided on inferences not reasonably drawn – applicant unfairly dismissed – reinstatement not appropriate as applicant’s conduct destroyed trust and confidence and applicant no longer met suitability conditions for position – matter to be relisted to address question of compensation. Carrick v Life Without Barriers.
