TERMINATION OF EMPLOYMENT – misconduct – employer policies – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – Applicant dismissed for alleged breaches of the Respondent’s code of conduct and technology code – Respondent determined that eight allegations of email misuse were substantiated following investigation – Commission found the Respondent’s investigation process was deeply flawed – only one allegation of email misuse substantiated with the other seven allegations unsubstantiated or greatly diminished – found valid reason for dismissal – Applicant not afforded the requisite level of procedural fairness – found decision to dismiss harsh and procedurally unfair – found reinstatement appropriate in the circumstances – ordered reinstatement, continuity of employment and 10 weeks’ pay. Deng v Westpac Banking Corporation
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