TERMINATION OF EMPLOYMENT – misconduct – employer policies – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for alleged breaches of policy – respondent submitted applicant gave his work mobile phone and sim card to his aunt for her use while applicant was at work – further submitted applicant repeatedly used his personal Gmail account for work purposes – sent a significant volume of customer files and other documents to his personal email – Commission found applicant’s conduct, together with his dishonesty was a valid reason for dismissal – applicant’s decision to transfer large amount of confidential information to his Gmail account occurred in circumstances where he was aware of his obligation to keep customer and bank information secure – applicant was in breach of his duty to both the respondent and its customers – Commission satisfied dismissal was proportionate response to the conduct – process followed by respondent was fair – dismissal not harsh, unjust or unreasonable – dismissal not unfair – application dismissed. Volker v Westpac Banking Corporation t/a Westpac
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