TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – consideration of whether valid reason for dismissal – respondent established over period of 10 months applicant exhibited confrontational behaviour that continued notwithstanding feedback, performance counselling and a warning – satisfied respondent made clear its requirements for resolving disagreements between colleagues – applicant’s personal relationship with supervisor did not permit or justify familiarity within workplace that extended to swearing or confrontational challenge regarding work allocation – evidence indicated supervisor maintained professionalism throughout incidents involving him – submission that lack of management action resulted in or caused disagreement lacked merit – actions of applicant in two incidents impacted on welfare of several colleagues – respondent entitled to set standards of behaviour and insist on adherence – satisfied applicant demonstrated conduct in a number of respects which collectively satisfied Commission that respondent had valid reason for dismissal – applicant notified of reasons for dismissal and given opportunity to respond – information arising from enquiry into new information in applicant’s response considered prior to final decision to terminate – applicant accompanied by support person at first meeting and did not request one at subsequent meeting – size of respondent’s business did not impact procedures followed in effecting dismissal – Commission satisfied investigation of three incidents involving applicant unaffected by bias – satisfied request to report unprofessional conduct as it arose did not constitute targeting by management in circumstances of this matter – considered applicant’s length of service, service ethos award and previous conduct record – unable to conclude dismissal harsh, unjust or unreasonable – satisfied dismissal not disproportionate to applicant’s conduct – applicant demonstrated inability to modify approach following feedback and counsel regarding behavioural expectations – application dismissed. Kanamkombil v St John of God Health Care Inc
