TERMINATION OF EMPLOYMENT – termination at initiative of employer – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted dismissed unfairly at first meeting with respondent based on allegations of misconduct – respondent submitted applicant still employee on leave without pay – industrial relations consultant advised applicant not to attend further meetings with respondent – respondent sent correspondence stating applicant would be placed on leave without pay them attempted to reschedule further meetings – Commission found applicant’s employment terminated at first meeting – found applicant’s conduct warranted warning but not valid reason for dismissal – found applicant summarily dismissed – not afforded procedural fairness – dismissal harsh, unjust and unreasonable – compensation in lieu of reinstatement ordered – $26,825.10 subject to deduction for taxation in accordance with law and $2584.39 to superannuation fund. Golding v Menarock Aged Care Services (Templestowe) P/L t/a Salisbury House Private Nursing Home.
