TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as carer in nursing home – dismissed for gross misconduct – accused by co-worker of slapping nursing home resident on the mouth – applicant denied event occurred – delay in reporting by co-worker – resident not physically able to give evidence – no physical evidence of alleged event detected – respondent paid the applicant five weeks’ notice on account of good record and long service – details of applicant’s oral evidence varied from her application – application prepared by others – Commission noted competing evidence of the event presented – on balance Commission unable to conclude the alleged conduct had occurred – found dismissal unfair – reinstatement not appropriate – considered notice paid and remuneration earned since termination – ordered compensation of $16,020.27 before tax. Shawl v Anglican Retirement Villages (ARV) t/a Anglican Retirement Villages – Donald Coburn Centre
