TERMINATION OF EMPLOYMENT – valid reason – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a chef and assigned to Department of Health and Aging (SA Health) – applicant involved in an altercation with an SA Health employee – SA Health directed respondent that applicant not return to its site – respondent unable to find alternative assignment for applicant – respondent terminated applicant’s employment – applicant submitted dismissal harsh, unjust or unreasonable – respondent submitted SA Health entitled to remove applicant as a result of altercation, and that it engaged in a process to provide alternative employment, but applicant did not seek to pursue those opportunities – respondent submitted valid reason for dismissal existed, and that termination not harsh, unjust or unreasonable – Commission satisfied respondent contractually obliged to remove applicant from site – Commission satisfied respondent conducted its own investigation and did not simply rely on SA Health’s investigation – Commission satisfied respondent advised applicant of all vacant positions within applicant’s skill, competence and training, and that applicant did not pursue any of those roles – Adecco considered – Commission satisfied that applicant’s dismissal a result of incapacity to perform work at SA Health – valid reason existed – relevant that respondent endeavoured to provide alternative employment but that applicant failed to consider alternative assignments offered – dismissal not hash, unjust or unreasonable – application dismissed. Applicant v Spotless t/a Spotless
