TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed with respondent since 11 September 2007 – respondent claimed applicant engaged in serious breaches of Code of Conduct and Charter of Rights and Responsibilities – alleged she had spoken to resident in a rude and derogative tone – allegation recorded and tape recording provided to respondent by resident – applicant stood down from duty with pay whilst allegation was investigated – applicant drafted letter to respondent in response to allegations – Commission found discrepancies between applicant’s letter and true nature of exchange on tape recording were substantial – applicant bound by respondent’s Code of Conduct – Commission agreed with respondent that applicant was not honest in course of investigation and that evidence suggested direct lies, not confusion or lack of recollection – tape recording was clear evidence that applicant behaved in an unprofessional manner – conduct in clear breach of the Code – applicant did not provide reasonable explanation for her behaviour – Commission held that misconduct amounted to valid reason for dismissal – held dismissal not harsh, unjust or unreasonable – application dismissed. Moody v TriCare Ltd t/a TriCare
