TERMINATION OF EMPLOYMENT – misconduct – performance – ss.390, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant, a Finance Manager, was dismissed after preparing incorrect financial reports and failing to send essential return to national regulator of charities by deadline – Commission found valid reason for dismissal – applicant’s performance caused serious damage to respondent’s business – although dismissed for misconduct, applicant was guilty of poor performance – no satisfactory evidence of warnings – weight of finding diminished by applicant’s unwillingness to accept responsibility, which meant attempts to improve her performance would probably have been unsuccessful – Commission found dismissal was unfair, but only to extent that applicant should have been afforded notice of dismissal – applicant was dishonest about qualifications – at least part of poor performance was due to applicant being ‘out of her depth’ in role – if applicant had been honest, she might never have been appointed to position – compensation order inappropriate. Valenzuela v Spectrum Community Focus Limited t/a Spectrum Community Focus
