Termination of employment – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent alleged applicant failed to report deteriorating health of client she was responsible for – accepted cash payments in private arrangement in breach of policies and procedures – refused to attend meetings in relation to conduct and performance – examination of policies determined to apply to applicant’s employment – respondent took reasonable steps to acquaint applicant with requirements and potential consequences – valid reason generally considered to be whether sound, defensible or well-founded reason for dismissal – where policy both lawful and reasonable and employer has made clear to employees that breach likely to result in termination, then employee who knowingly breaches policy will have difficulty making out argument no valid reason [Kolodjashnij] – Commission found in all circumstances valid reasons for dismissal – where valid reason found for termination amounting to serious misconduct significant mitigating factors need to be present for conclusion of harshness to be open [Parmalat] – Commission did not consider mitigating factors present – found dismissal not unfair – application dismissed. Lawrence v Calvary Home Care Services Ltd t/a Calvary Community Care
