TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief of unfair dismissal – applicant employed as a full-time pick-up delivery driver – dismissed after an investigation determined that he engaged in theft of a box containing a laptop at Townsville depot – a complaint was made by email regarding some missing freight – complaint reported other freight that had gone missing over time – respondent conducted investigation – viewed CCTV footage – footage unable to identify who box was stolen by – applicant not shown CCTV footage despite asking – respondent organised meeting to discuss alleged misconduct – applicant did not attend meeting, provided medical certificate that morning – respondent terminated the applicant – for reason to be a valid reason within meaning of s.387(a) of the FW Act it must be sound and defensible or well founded [Selvachandran] – respondent not able to discharge the onus upon it to satisfy the Commission on the balance of probability that the applicant engaged in the alleged conduct – Commission found it would have been appropriate for the applicant to see and respond to the CCTV footage – satisfied the dismissal was unjust and unreasonable – applicant did not seek reinstatement – order for payment of compensation – applicant took reasonable steps to mitigate his loss including applying for jobs and achieving new causal employment – Commission ordered compensation of $25,468.13. Mulhall v Direct Freight (Qld) P/L t/a Direct Freight Express
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