TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant was Assistant Branch Manager of respondent – applicant dismissed for providing two customers with products without charge – one customer supplied goods despite his account being on ‘Stop Credit’ – other customer was a ‘close friend’ who received $12,000 of goods without charge or record of delivery – applicant was notified of reason for dismissal in a meeting and he was given an opportunity to respond at that meeting – Commission found applicant’s conduct involving provision of goods was inconsistent with trust and confidence required for a continuing employment relationship – satisfied there was valid reason for termination – Commission did not accept applicant’s allegations the respondent had ulterior motive for dismissal – also did not accept applicant’s submission that other employees provided goods when a customer’s commercial account was on ‘Stop Credit’ – the equivalent conduct of the applicant would, on its own, have resulted in a first and final warning only – Commission found incidents were in breach of policies the applicant either knew or should have known – consequences of the dismissal for applicant with 13 years of service did not outweigh his serious misconduct – dismissal not disproportionate to gravity of misconduct – application dismissed. Karahalios v Reece Australia P/L t/a Reece P/L
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