TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as jewellery Store Manager – dismissed for ‘serious gross misconduct’ – on many occasions applicant opened store alone contrary to respondent’s security policy and in circumstances outside of those in which she had been authorised – when opening store alone and early before the second staff member arrived, applicant commonly left door unlocked, opened the safe, removed the tills and money from the safe and at times removed stock from safe and placed it on the counters – applicant aware of respondent’s security policy – on a number of occasions applicant also changed store’s records to show that a sale which had been achieved by another salesperson was falsely recorded as her sale – detrimental to interests of other salesperson and potentially financially beneficial for applicant – Commission found applicant’s actions were reprehensible, dishonest and totally inconsistent with role of Manager – found valid reason for dismissal – applicant was aware of security policy and chose to ignore, in any event common sense would dictate that opening a jewellery store alone and leaving the door unlocked was a serious security risk – applicant continued to do this even after other employees had raised their concerns with her – separately, altering store records to falsely show she was responsible for the sales other staff had achieved was a conscious act and the antithesis of the behaviour expected of any manager – Commission held dismissal was not harsh, unjust or unreasonable – applicant not unfairly dismissed – application dismissed. Tsilivis v The Jewellery Group P/L t/a Zamels
…
