TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant posted video with sexual overtones to Facebook and ‘tagged’ two colleagues in it – left blobs of sorbolene cream on one colleague’s desk – employment terminated due to serious misconduct – reinstatement sought – respondent contended applicant’s conduct constituted serious misconduct because it caused serious and imminent risk to health and safety or reputation of the employer – Commission satisfied valid reason for dismissal – found on balance dismissal was harsh – disproportionate to the gravity of the misconduct – dismissal unfair – remedy – reinstatement not appropriate – compensation appropriate – further submissions to be sought from parties with respect to s.392 of FW Act – directions to be issued. Renton v Bendigo Health Care Group
