TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant employed as Director of Nursing at aged care facility – summarily dismissed after allegations of serious misconduct, poor performance and failure in duty of care to residents – Commission found allegations of misconduct not proven – collusion between senior nursing staff – motives for collusion, all three stood to benefit from applicant’s dismissal – allegations of poor performance not made out – duty of care reasonable – errors of judgement – contrition and apology – exemplary service, pay rises, commendations, bonuses – procedural unfairness – reasonable opportunity to respond not provided – weight of evidence did not justify dismissal – Commission found no valid reason for dismissal – dismissal harsh, unjust and unreasonable – reinstatement not sought and not appropriate – compensation of $69,450, plus 9.5% superannuation ordered. Adamopoulos v Thompson Healthcare P/L t/a Thompson Health Care
