Mrs Daisy Shawl v Anglican Retirement Villages (Arv) T/A Anglican Retirement Villages - Donald Coburn Centre

[2016] FWC 5990 [Note: An appeal pursuant to s.604 (C2016/5596) was lodged against this decision - refer to Full Bench decision dated 24 October 2016 [[2016] FWCFB 7191] for result of appeal.] FAIR WORK COMMISSION DECISION Fair Work Act 2009 s.394 - Application for unfair dismissal remedyMrs Daisy ShawlvAnglican Retirement Villages (ARV) T/A Anglican Retirement Villages - Donald Coburn Centre (U2016/5971) DEPUTY PRESIDENT BOOTHSYDNEY, 5 SEPTEMBER 2016Application for relief from unfair dismissal – gross misconduct. Introduction [1] Mrs Daisy Shawl was employed as a carer by Anglican Retirement Villages (ARV) at The Donald Coburn Centre in Castle Hill from 31 July 2001 until her employment was terminated during a meeting on 22 March 2016 for gross misconduct. [2] The conduct that was said to justify Mrs Shawl’s dismissal was that on 10 March 2016 she slapped a resident, Mr Foley, on the mouth. Mrs Shawl denies that she slapped Mr Foley and says that she was unfairly dismissed. [3] Mrs Shawl asks the Commission to make this finding and order ARV to pay her compensation. She is not seeking reinstatement. [4] Mrs Shawl was represented by her son, Mr Shawl, and by permission ARV was represented by Ms Bowe, a solicitor from FCB Workplace Law. [5] Evidence was given by Mrs Shawl on her own behalf. Evidence was given for ARV by Ms Marie Jimenez, a co-worker of Mrs Shawl’s at The Donald Coburn Centre on 10 March 2016, Mr Richard Farmilo, Facility Manager for The Donald Coburn Centre and...