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 information to his Gmail account occurred in circumstances where he was aware of his obligation to keep customer and bank information secure –applicant was in breach of his duty to both the respondent and its customers – Commission satisfied dismissal was proportionate response to the conduct – process followed by respondent was fair – dismissal not harsh, unjust or unreasonable – dismissal not unfair – application dismissed.
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