This is an interesting case heard by the Fair Work Commission in regard to the dismissal of a Centre Manager (Applicant) following a number of incidents. However, the Commission stated that the reason given by the Respondent fell short of a valid reason for immediate termination for negligence and that procedural fairness was not accorded. Although the Commission found that the Centre Manager had been unfairly dismissed it declined to award compensation, as it stated:
I find that in all the circumstances, I do not consider that payment of compensation is appropriate because the Applicant was out of her depth in the role of Centre Manager. While her experience in the sector is substantial, her experience in managing a centre, its liabilities, and responsibilities was not at a standard required by the Respondent. It is evident the Applicant did not have the required competency to perform the role dependably without support by the Respondent.
Given its size and resources, I find the Respondent managed the appointment and employment of the Applicant inadequately. Given the level of experience in the childcare sector and the Applicant’s admission that her priority is her private care obligations, I am of the opinion that there is limited scope that the Applicant would have maintained enduring employment in the role as Centre Manager.
I therefore decline to order any remedy, notwithstanding that I found the Applicant was a person protected from unfair dismissal and had been unfairly dismissed (paras.110-2).
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