TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant a Personal Lender at bank branch – investigation held following call to anonymous hotline – discrepancies in cash balances identified – number of allegations against applicant included misappropriation of $3,400 cash – investigation report substantiated allegation of misappropriation – respondent asserted misappropriation constituted theft – applicant terminated with immediate effect – provided three weeks’ salary in lieu of notice – applicant denied taking money – claimed no direct evidence and inconsistent witness evidence – argued the required standard not met for allegation to be made out – reinstatement sought – Commission found on balance of probabilities that finding of misconduct and misappropriation of $3,400 was verified – valid reason for summary dismissal – dismissal not harsh, unjust or unreasonable – application dismissed.Zepidis v Commonwealth Bank of Australia
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