TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as an enrolled nurse – dismissed for serious misconduct – patient made a complaint about the conduct of the applicant – two allegations – applicant given opportunity to respond – first allegation could not be substantiated – applicant made admissions as to his conduct in relation to the second allegation – admitted touching the hand and kissing a patient on the forehead and saying ‘Goodnight and God bless’ – admitted that his conduct crossed the boundary – Commission found valid reason for dismissal based upon the kissing of a patient – found dismissal was harsh – disproportionate to the gravity of the conduct admitted – also unjust and unreasonable – found reinstatement appropriate – order to restore lost pay refused – appropriate to make an order under s.391(2) of FW Act that there be continuity of employment and continuity of continuous. Logan v Bendigo Health Care Group
