A s.394 (Application for unfair dismissal remedy) by Colleen Moody against TriCare Limited T/A TriCare has failed. Mrs Moody claimed that her dismissal was unfair because she disputed allegations of misconduct made against her by TriCare. TriCare allege Mrs Moody was terminated as she engaged in behaviour that resulted in serious breaches of the code of conduct and Charter of Rights and Responsibilities of Care. The matter was heard at the Bundaberg District Courthouse. Mrs Moody was represented by Mr Ebert of Finemore Walters and Story Solicitors. TriCare was represented by Mr Merrell of Counsel. Both parties were granted leave to be represented in accordance with s.596. Mrs Moody was the only person to give evidence in support of her application and filed two witness statements. TriCare called five witnesses who provided statements (Stephen Wheeler, Lauren Hart, Frances Beare, Christopher O’Brien and Daniel Aitchison). Fair Work Commissioner Simpson ruled in favour of TriCare in a 15 page written ruling.
