TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant terminated for exchanging inappropriate emails with colleague – applicant submitted her actions did not constitute breach of the respondent’s Responsible Use of Technology policy and there was no evidence of harm or damage caused by her actions – applicant further submitted respondent did not give sufficient weight to her lengthy and previously unblemished service, or her remorse – respondent submitted it had a valid reason for termination and that termination was a proportionate response – consideration of valid reason requires mitigating factors to be considered [Parmalat] – no valid reason for termination – applicant notified of reason for termination – applicant permitted a support person – application granted – applicant reinstated with continuity of service – payment for lost wages refused because of applicant’s failure to mitigate loss since dismissal. Beamish v Calvary Health Care Tasmania Limited t/a Calvary Health Care Tasmania
