TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant a Personal Lender at bank branch – investigation held following call to anonymous hotline –discrepancies in cash balances identified –number of allegations against applicant included misappropriation of $3,400 cash – investigation report substantiated allegation of misappropriation – respondent asserted misappropriation constituted theft – applicant terminated with immediate effect – provided three weeks’ salary in lieu of notice – applicant denied taking money – claimed no direct evidence and inconsistent witness evidence – argued the required standard not met for allegation to...

TERMINATION OF EMPLOYMENT – contract for specified term – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed under three successive fixed term contracts – employment ended when last contract expired – whether applicant dismissed – applicant presumed further contract would be offered – no further fixed term contract offered – jurisdictional objection raised – respondent claimed no dismissal as employment ended at completion of fixed term contract – issue whether employment was terminated on respondent’s initiative or as a result of contract ending – Navitas considered – Commission satisfied applicant did not enter contract...

TERMINATION OF EMPLOYMENT – misconduct – employer policies– s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for alleged breaches of policy –respondent submitted applicant gave his work mobile phone and sim card to his aunt for her use while applicant was at work – further submitted applicant repeatedly used his personal Gmail account for work purposes – sent a significant volume of customer files and other documents to his personal email – Commission found applicant’s conduct, together with his dishonesty was a valid reason for dismissal – applicant’s decision totransfer large amount of confidential...

TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant terminated following breach of respondent’sdrug and alcohol policy – failed to notify respondent he was taking Nurofen Plus –applicant submitted he was targeted – drug test not random in accordance with the policy – lower strength painkiller didn’t impair work performance – respondent alleged three breaches of the policy: failure to notify, failure to report and allegedly tampering with salvia test – applicant a senior safety manager in the business – under obligation to ensure he was complying with the...

TERMINATION OF EMPLOYMENT – minimum employment period – ss.383, 384, 394 Fair Work Act 2009 – application for unfair dismissal remedy –whether applicant satisfied minimum employment period – applicant was engaged as real estate agent on commission only basis – considered a commission only piece worker under Real Estate Industry Award 2010and not a casual employee – small business employer –Commission satisfied that applicant’s employment as a piece worker was continuous until the employment came to an end –found applicant performed work for respondent at various times spanning a period well in excess of one year – satisfied minimum employment...