TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant dismissed 8 December 2016 following investigation into allegations of misconduct – misconduct referred to as ‘scavenging’ – applicant commenced employment with respondent as a weighbridge operator in November 2014 on a casual basis – on 14 November 2016 a machine operator reported a verbal altercation with the applicant – it was alleged in the operator’s compliant that the applicant had scavenged items stored onsite then removed them from site without authorisation – following the compliant respondent conducted an investigation into the allegations – on 23 November 2016 the applicant attended a meeting with representatives of the respondent – at conclusion of meeting applicant was suspended from duties on full pay to allow respondent complete an investigation – at further meeting on 29 November 2016 applicant was given show cause letter in relation to the allegations – on 8 December 2016 applicant was dismissed for misconduct with immediate effect – Commission found applicant had engaged in unauthorised removal of materials from the site, including electronic waste and scrap metal – applicant’s actions were unsafe and completely inappropriate – found respondent properly conducted the investigation and it was reasonable to discipline applicant for misconduct in breach of a lawful and reasonable policy – found applicant was not singled out or otherwise treated different for scavenging – Commission found applicant was notified of valid reason for dismissal before decision was made – satisfied applicant had a number of opportunities to respond to the allegations – applicant engaged in prohibited conduct which justified disciplinary action – found dismissal was not harsh, unjust or unreasonable – application dismissed. Adams v SUEZ Recycling & Recovery (No.1) P/L
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