TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 fair Work Act 2009 – respondent alleged applicant stole $200 from safe drop – contended this amounted to serious misconduct justifying summary dismissal – applicant denied theft – submitted during shift they noticed amount in safe was $200 over docket total – applicant informed respondent and was told it should be $400 over – applicant summarily dismissed – not suggested anyone else took money – Pinawin applied – found respondent clearly and unequivocally held belief applicant stole money – respondent’s suspicion applicant was stealing money held to have crystallised into a belief in theft when informed safe drop was $200 over – respondent went to considerable lengths to satisfy itself as to correct amount left in safe, attending shop on night before applicant commenced work – Commission satisfied respondent’s belief reasonable in circumstances – dismissal consistent with Small Business fair Dismissal Code – application dismissed. Glass v Boss J Holdings P/L t/a Foodworks Fuel Bacchus Marsh.

To read the full content…SUBSCRIBE NOW

Existing Subscribers Login Below:

Log In