TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – cleaning attendant dismissed on grounds of serious abuse of supervisor and co-workers after allegedly using abusive and threatening language – allegations investigated by external investigator who made serious findings adverse to applicant – where allegations of misconduct are made, standard of proof remains balance of probabilities, but Commission should not lightly make a finding that an employee engaged in misconduct alleged against him [Briginshaw] – certain statements attached to investigation report would be excluded by rules of evidence – ‘judicial fairness’ required statements not be given any weight although rules of evidence do not bind Commission – applicant’s substantial breaches of respondent’s Code of Conduct and Dignity Procedure, as set out in four allegations, provided a sound, defensible and well-founded reason to dismiss applicant – respondent had valid reason to dismiss applicant related to conduct – Commission considered relevant the length and quality of applicant’s employment record and whether he had shown remorse – Commission weighed personal and economic consequences of dismissal for applicant against severity of conduct – dismissal was not harsh, unjust or unreasonable – application dismissed. Robinson v Sydney Trains
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