TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Registered Psychiatric Nurse (RPN) Grade 3 – dismissed for failing to follow a reasonable instruction – letter of termination stated he had previously been notified of the authority of an RPN Grade 4 and that his unwillingness (refusal) to follow a reasonable directive was consistent with his previous behaviour – as a result of the previous incident he had been given a final written warning in relation to his behaviour which was deemed to be serious misconduct and completely inappropriate – an RPN Grade 4 had the authority to issue applicant with an instruction and delegate work to him – Commission found applicant refused to follow lawful and reasonable directions given to him by an RPN Grade 4 – found a valid reason for dismissal – on fine balance, found applicant’s dismissal was harsh – no formal warnings given to applicant prior to his dismissal, and he was an employee with 11 years and 11 months service – applicant unfairly dismissed – reinstatement inappropriate – relationships between applicant, his employer and some of his colleagues were irreparable – Commission not in a position to make a finding in relation to compensation – submissions requested – further decision and order regarding compensation to be issued. Steele v St Vincent’s Hospital (Melbourne) Limited
