TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as a community night patrol officer – dismissed for untruthfully recording his attendance at work – Commission satisfied applicant received counselling on a number of issues during his employment – satisfied applicant engaged in misconduct in incorrectly claiming time he had not worked – held applicant’s conduct was not above reproach and some sanction was warranted, however Commission not convinced that the conduct provided a valid reason for dismissal – not satisfied applicant was afforded procedural fairness – no valid reason for dismissal – process followed lacking in almost every respect – found dismissal was both harsh and unjust – applicant unfairly dismissed – remedy to be considered. Wunungmurra v East Arnhem Regional Council
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