TERMINATION OF EMPLOYMENT – misconduct – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – applicant terminated due to unauthorised deletion of information on company laptop, threatening to delete pre-school’s Facebook page, sharing confidential information and being untruthful through investigation – applicant claimed she only deleted personal and old irrelevant information from laptop before it was returned – applicant submitted decision to terminate was made by staff member and not the committee, therefore there was no lawful decision to terminate applicant taken by the Committee – respondent submitted that staff member had necessary authority to terminate applicant – respondent further submitted conduct was serious misconduct that justified dismissal – Baxter considered – Commission found principal issue was systematic deletion of material from respondent laptop and one of the external hard drives by applicant – after being issued with second show cause letter, applicant spent next three days meticulously deleting information from external hard drive at her house – Commission determined process in terminating applicant was not undertaken in a manner which makes the decision null and void – did not accept evidence that applicant only deleted irrelevant or personal information off laptop computer – conduct of applicant in deleting necessary and relevant information was deliberate and calculated – respondent genuinely believed applicant conduct was serious enough to warrant summary dismissal – termination was consistent with the Code – application dismissed. Leys v Gunnedah Preschool Kindergarten Association Incorporated t/a Gunnedah Preschool
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