An s.394 (Application for unfair dismissal remedy) from Glenda Noble against Community Accommodation & Respite Agency Inc T/A Cara has been rejected by Fair Work Commissioner Hampton in Adelaide on 17 December 2018. The case summary reads: Application for an unfair dismissal remedy – alleged conflict of interest given secondary employment – whether permission required and/or given – whether valid reason for dismissal – whether dismissal harsh – whether failure to provide full details associated with the allegations means that dismissal unreasonable – conflict of interest found – permission required under policy and via verbal instruction – permission not sought – valid reason found – reservations about process but not such as to deny applicant an opportunity to respond to substantial allegations – reasonable opportunity also given to acknowledge issues and to remove conflict but not taken – dismissal not harsh, unjust or unreasonable – application dismissed.
