TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for misconduct – left a telephone message for respondent advising had overindulged and was not fit to work – parties exchanged correspondence where allegations, preliminary decision and findings were raised and addressed – difference between manner in which applicant responded to allegations and what was put forward in hearing – Commission found not dissimilar to an employee ‘taking a sicky’ without being ill – unclear why applicant did nothing to ensure she would be fit for next work day – found valid reason for dismissal but termination was harsh – conduct that led to first warning which related to language should not have been taken into account – dismissal incident was the first time applicant had conducted herself in such a manner – Commission agreed with respondent that applicant’s lack of awareness and commitment demonstrated trust and confidence required for an employment relationship had been destroyed – Commission found reinstatement inappropriate – took all circumstances into account including reduction for misconduct – ordered compensation of $8,229.00. Chapman v Tassal Group Limited t/a Tassal Operations P/L
