TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant removed compressor from workplace on instruction from a former manager of AHG Newcastle (AHG) – applicant was summarily dismissed in connection with removal of the compressor without authority from AHG – respondent asked applicant to return compressor – on return compressor was damaged – Commission satisfied applicant did not wilfully damage compressor – satisfied applicant did not remove compressor because he wanted to steal or use for his own benefit – found applicant had been asked by former manager to remove compressor from workplace, however applicant did not have approval from AHG to remove its compressor from the workplace – Commission satisfied of valid reason for applicant’s dismissal – satisfied applicant was notified of reasons for dismissal and given opportunity to respond – applicant afforded procedural fairness – dismissal not harsh, unjust or unreasonable – application dismissed. Clutterbuck v AHG Newcastle P/L
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