In Hill v Compass Ten Pty Ltd (No. 2) [2012] FCA 815 (3
August 2012), the Federal Court rejected an employee's breach
of contract claim, ruling that the employer was justified in
summarily dismissing him due to a 'persistent
unwillingness' to follow company instructions and procedures,
which constituted a well-founded reason for dismissal.
In August 2011, Paul Hill was engaged as the facilities manager
at Sunshine Lodge and Cottages (operated by Compass Ten Pty Ltd).
The lodge is a residential centre for persons with intellectual
disabilities, many of whom require frequent medical attention.
After two months of service, Mr Hill was summarily dismissed for
serious misconduct, in failing to supervise the administration of
medication, make medical appointments for residents and follow up
police checks for new staff. It was later discovered that Mr Hill
had lied about his first-aid qualifications, by attaching his
son's first aid certificate to his job application.
