TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – original decision overturned on appeal [[2018] FWCFB 2279] – remitted to Commission to rehear and determine – applicant modified company vehicles without authorisation – misuse of assets – breach of Fleet Management Practice and Code of Conduct – respondent incurred costs as result – investigation by respondent not sound and proper – disciplinary meeting denied applicant fair opportunity to respond – any person engaged in misconduct entitled to have case investigated on merits not what is common – applicant had made claim against manager – manager remained part of investigation – conflict of interest – denial of procedural fairness – Commission found valid reason for dismissal – applicant not notified of totality of reason for dismissal – respondent did not adhere to policies and procedures – manager should have stood down from investigation – affected objective fairness of investigation – found dismissal unreasonable – substantial deficiencies in investigation process – lack of appropriate investigation and conflict of interest – procedural issues outweigh finding of valid reason – applicant unfairly dismissed – matter to be listed for telephone mention to determine directions to deal with remedy. Emery v City of Stirling
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