TERMINATION OF EMPLOYMENT – misconduct – ss.391, 394 Fair Work Act 2009 – team leader for rail related services organisation dismissed for serious and wilful misconduct including removing copper pipes without appropriate authorisation and using company time to do so – suspicion applicant had been preparing to steal copper pipes – employer must establish misconduct on balance of probabilities [Briginshaw] – dispute over extent to which employees should have engaged in work breaking down items – Commission satisfied applicant’s role allowed a level of discretion and judgement – satisfied when applicant undertook removal of copper pipes from test rig he was acting in manner considered properly within his discretion – satisfied no significant time pressure on employees – Commission not satisfied applicant’s conduct merited anything more than counselling or a warning – dismissal harsh, unjust or unreasonable – applicant reinstated – parties to agree on compensation amount for remuneration lost. Chandra v UGL Rail Fleet Services Ltd
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