TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as an Audit and Risk Manager – dismissed for misconduct due to serious and sustained bullying of staff under his management and breach of the respondent’s policies – applicant submitted that respondent had failed to provide evidence that he had breached their policies and that he did not engage in bullying of staff under his management – Commission accepted applicant’s evidence that he believed he was doing his best by his employer and his staff – also found that he was unaware that the cumulative effect of his conduct and behaviours was one of significant and systematic micromanaging – satisfied that the applicant’s conduct was a breach of the respondent’s policies and constituted a valid reason for his dismissal – applicant further submitted that he was not notified of the reason for his dismissal nor provided an opportunity to respond – Commission considered that there were exhaustive steps taken to allow the applicant to respond to the allegations throughout the investigation – Commission not satisfied that the dismissal was harsh, unjust or unreasonable – application dismissed. Carroll v Karingal Inc
