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An employer mischaracterised an employee's "carelessness" as serious misconduct, which further "coloured its judgement" about his lack of remorse, the Fair Work Commission has ruled in unfair dismissal proceedings.
The Orana Australia supervisor was sacked in May this year for serious and wilful misconduct, and he subsequently claimed unfair dismissal.
The Commission heard the supervisor's primary duties involved driving clients with disabilities to certain locations and supervising them as they performed maintenance and cleaning tasks...
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