A s.394 (unfair dismissal) application by Mauricio Nakasone against the Salvation Army has failed. Deputy President Sams in Sydney on 25 may 2017 handed down a 46 page decision. It covered the application for relief from unfair dismissal – dismissal for serious misconduct – allegations of aggressive and intimidating behaviour – previous warning – failure to comply with reasonable direction during investigation – code of conduct – conflicts of evidence – reconstruction of events – serious misconduct proven – valid reason for dismissal – no procedural unfairness – dismissal not harsh, unreasonable or unjust – application dismissed.
