TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as an Armoured Vehicle Operator – dismissed after she allegedly engaged in serious breaches of employer’s policy and procedure resulting in $58,710.00 of client money being stolen – alleged breaches included approaching an armoured vehicle when the door was open and failing to properly clear a safe – Commission found applicant’s conduct was negligent and careless, however was not of sufficient gravity to warrant dismissal – found management gave insufficient consideration to the applicant’s mitigating circumstances and drew inferences about the applicant’s culpability for the stolen money – dismissal found to be harsh and unreasonable – reinstatement appropriate in the circumstances – ordered applicant maintain continuity of employment and remuneration for lost wages be paid, minus 30 per cent for applicant’s misconduct – $40,792.25 plus superannuation to be paid and taxed according to law.
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