TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a theatre nurse – dismissed for serious misconduct for refusing to comply with a lawful and reasonable direction, inability to perform inherent requirements of job, for using inappropriate language in a conversion with HR, and for subsequently lying about the use of inappropriate language – Commission held direction given and maintained was not reasonable, and therefore refusal by applicant to comply with direction not a valid reason for dismissal – Commission not satisfied applicant unfit or unable to perform inherent requirements of role – satisfied applicant’s use of inappropriate language occurred and that it was conduct serious enough to provide a valid reason for dismissal – further satisfied that dishonest denial of the use of inappropriate language also provided a valid reason for dismissal – Commission not satisfied dismissal a disproportionate response to applicant’s conduct – dismissal not unfair – application dismissed. Naicker v Epworth Foundation
