TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed at Salvos Stores since May 2005 as casual shop assistant and shortly after promoted to Store Manager – no issues of misconduct until dismissed from employment in July 2016 – respondent alleged applicant stole money from a sale rather than putting the transaction through the register – s.387 FW Act considered – Commission discussed requirement to apply civil standard of proof, ie ‘the balance of probabilities’, however given serious nature of alleged misconduct the Commission must be careful not to rely on ‘inexact proofs, indefinite testimony, or indirect inferences’ [Briginshaw] – held respondent asked Commission to rely on indirect inferences in contrast to the applicant’s more plausible evidence – Commission satisfied no valid reason for dismissal and applicant not guilty of misconduct – Commission surprised as to alacrity with which the respondent accepted customer’s version of events over a long standing employee – found dismissal unjust and unreasonable – applicant did not seek reinstatement – payment for compensation reasonable in circumstances – Sprigg formula applied – Commission calculated compensation figure of $34,809 – compensation cap is $22,404.50 (half of applicant’s annual salary) – ordered compensation of $22,405.50, less tax. Walker v Salvation Army (NSW) Property Trust t/a The Salvation Army – Salvos Stores
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