TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as roof plumber – dismissed for working for competitor on days he called in sick – respondent questioned legitimacy of sick day based on social media post, eyewitness accounts and video evidence – applicant denied allegations – unclear from photographic evidence that applicant was depicted – Commission not satisfied applicant worked for competitor on sick day – Byrne considered – Commission satisfied dismissal was harsh, unjust or unreasonable – dismissal was unfair – applicant to file details of remuneration prior to Commission assessing compensation. Di Gioacchino v Kmercial Contractors P/L
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