| Summary |
UNJUSTIFIED DISMISSAL - Misconduct - Dismissed for not following specific instructions about work to be completed, refusing to work and wrongly and/or dishonestly claiming to have permission for absence - Applicant responsible for various properties, including hostel - Failed to clean hostel as directed - At disciplinary meeting told respondent did not intend to clean hostel anymore - Claimed had spoken to supervisor about issue - Respondent entitled to conclude applicant had no justification for refusing to clean hostel - Separate investigation into refusal to continue cleaning hostel sufficiently full and fair - Previously advised by union to discuss matter with management but applicant simply decided not going to do significant part of job - Did not inform anyone in authority - Constituted serious misconduct as clearly wilful behaviour adversely affecting safety and quality - Conduct of sort that deeply impaired or was destructive of basic confidence or trust - Respondent also relied on what it found to be lying or wrong explanation regarding seeking approval to stop work at hostel - Not separate ground for dismissal, rather subsidiary issue that assisted respondent in determining could no longer have trust and confidence in applicant - Investigation procedurally fair - Respondent justified in not acceding to union delegate’s request at very end of second meeting for matter to start again with paid union official representing applicant - Dismissal justified - Cleaner |