TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as a Patient Care Attendant at a regional residential care facility – dismissed for alleged elder abuse involving inappropriate treatment of residents – respondent submitted first and final warning previously issued to applicant on or about October 2015 reinforced proper standards and workplace conduct – on or about 5 August 2016 applicant was alleged to have engaged in aggressive, humiliating and intimidating behaviour towards a resident – respondent contended applicant’s actions constituted physical and emotional/psychological abuse of resident amounting to serious and wilful misconduct – factors surrounding dismissal weighed against s.387 considerations – on balance, the Commission resolved dismissal was not unfair within the meaning of the FW Act – application dismissed. Lehmann v Mary Mackillop Aged Care SA
