TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant employed as security officer at housing estate – applicant allegedly slept, took excessive breaks and failed to complete patrol during night shift – respondent terminated applicant’s employment – applicant claimed dismissal was unfair and that he was denied procedural fairness during investigation into the alleged conduct – applicant argued that respondent failed to provide him with the identities of the witnesses against him during the investigation and was denied procedural fairness as this made it much more difficult to respond to the allegations – Commission found that the allegations had been substantiated and constituted serious misconduct – valid reason for dismissal – Commission found any procedural deficiency in respondent’s investigation inconsequential as it was established that applicant’s alleged conduct occurred – Commission satisfied dismissal was not unfair– application dismissed.
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