TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed after threatening and causing distress to co-worker and receiving complaint from one of respondent’s largest clients – applicant previously given verbal warning by respondent in relation to interactions with other staff members – applicant submitted he was dismissed for making bullying and harassment complaint – Commission found that conduct in relation to coworker amounted to serious misconduct and that conduct in relation to respondent’s client was unreasonable and lead to loss of business and had potential to risk relationship with the employer’s client – satisfied that making of bullying complaint was not reason for dismissal – found that applicant’s denial of serious misconduct and absence of remorse or willingness to change behaviours means that applicant was largely responsible for outcome – found applicant’s conduct valid reason to terminate employment – found termination was not harsh, unjust or unreasonable – application dismissed. Williamson v Semsley P/L t/a Senior Helpers Adelaide Northern Suburbs
