TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Senior Instrument Electrical Technician – applicant’s role was highly autonomous and often worked alone – one of three allegations put to applicant had been substantiated and warranted for applicant’s termination for serious misconduct – alleged applicant played golf during work hours – approximately 140 working days between 1 July 2014 and 30 June 2016 – all employees including applicant used personal digital assistant (PDA) to record data, information, dates, times and GPS location for assigned work tasks – respondent investigated a number of anomalies and identified inconsistencies with GPS coordinates recorded by applicant’s PDA, mobile phone records and assigned work tasks – respondent further submitted applicant failed to swipe company identification card required to open security gate to enter a particular worksite to complete tasks which supports claim applicant was not present at the location – respondent provided letter to applicant outlining allegations on 6 September 2016 – subsequent meetings between respondent and applicant were held and applicant’s employment was terminated on 20 September 2016 – Commission noted applicant’s long period of employment but also the number of prior warnings applicant received – found applicant not truthful during investigation into allegations and attempted to cover up any wrongdoing – satisfied applicant’s actions amounted to serious misconducted – found dismissal was not harsh, unjust or unreasonable – order dismissing application issued. Colella v Aroona P&T P/L t/a Aroona Alliance
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