A s.394 (unfair dismissal) application launched by Michael Nicholoaou against Ozcare has been tossed out by Fair Work Deputy President Lake in Brisbane on 5 July 2019. “After careful consideration of all the evidence, I have found that there was a valid reason for the dismissal and I am satisfied that the Applicant was afforded procedural fairness in the disciplinary and termination process. “The Applicant did not present a coherent and alternate view of what happened on the evening of 21 December 2018. I found that the Respondent put it well when it summarised the Applicant’s positive evidence as a ‘Game of Thrones’ theory. In short, the Respondent submitted, and I am minded to agree, that the only alternate theory the Applicant provided in response to the weight of evidence against him was that there existed a conspiracy in relation to the termination of his employment. The Applicant submitted that a number of employees stood to benefit if the Applicant was dismissed and they together hatched and contrived a story and then corroborated their evidence, on oath, to see this plan though. I do not find this theory plausible on the consistency and credibility of the Respondent’s witnesses and their evidence that was put to me. My general view is that the Applicant did not present as a reliable witness. He was not direct in answering questions put to him and frequently confused what actually happened with his thoughts and reflections on the matter. This was not helpful for him in constructing the factual basis for his submissions. It is not to say that he did not maintain a genuine belief that the Respondent dismissed him for a non-valid reason. It is to say that this genuine belief was profoundly misguided. I dismiss the application for an unfair dismissal remedy. An order to that effect will be issued with this decision.”
