TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as Operations Assistant to the Director of Operations at the Salvation Army conference and recreation centre in Collaroy, New South Wales – dismissed for serious misconduct – dismissal based on three instances of alleged aggressive and intimidating behaviour – applicant failed to comply with reasonable directions during investigations – behaviour inconsistent with code of conduct – conflicting evidence over alleged instances of misconduct – much of applicant’s evidence was an attempt to reconstruct events and circumstances – Commission preferred respondent witnesses’ evidence in case of conflict – found serious misconduct proven – held valid reason for dismissal based on pattern of unacceptable conduct – found no procedural unfairness – case did not involve unsatisfactory performance – applicant had been employed for six years – workplace required higher standard of conduct and behaviour than might otherwise be expected in general community – held valid reason for dismissal – dismissal not harsh, unreasonable or unjust – application dismissed. Nakasone v Salvation Army
