TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant protected from unfair dismissal – no jurisdictional issues – applicant caught departing store with three items without offering or making payment – police called but did not charge applicant – applicant summarily dismissed without notice – clear policies in place against theft or removal of stock without payment – applicant acknowledged and signed policy – applicant claimed supervisor authorised him to take items – difficult personal circumstances, authorisation of supervisor and lack of a full investigation considered – applicant ought to have known authorisation was illegitimate – Commission found removal of stock without payment was a valid reason for termination – termination not harsh, unjust or unreasonable – application dismissed. Johnson v North West Supermarkets t/a Castlemaine IGA
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