TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as Store Supervisor – dismissed in December 2016 after transferring approximately $342,000 from account of a deceased person without obtaining certified copy of probate – alleged dismissal was harsh, unjust and unreasonable – respondent claimed applicant’s breach of its Deceased Member Policy and Procedure Manual (Policy) constituted valid reason for dismissal – Policy required certified copy of probate prior to release of funds if balance of account exceeded $20,000 at date of death – this requirement was in the respondent’s Deceased Member Checklist (Checklist) – no dispute applicant used Checklist when dealing with accounts of deceased person – no dispute applicant released approximately $342,000 without witnessing or obtaining certified copy of probate and therefore breached Policy – applicant claimed she was not informed of reasons for dismissal and was not given opportunity to respond – contended respondent failed to take adequate steps to ensure she was fully aware of her obligations under the Policy or inform her breach of the Policy may lead to dismissal – Commission satisfied applicant’s conduct constituted valid reason for dismissal – satisfied respondent notified applicant of reasons for dismissal and gave an opportunity to respond before making decision to dismiss – accepted applicant did not receive training on the Policy but gave this limited weight in consideration of whether dismissal was harsh, unjust or unreasonable – noted applicant’s contract of employment contained an express term stating breach of a policy may result in dismissal – Commission weighed negative consequences of dismissal on applicant against gravity of conduct – found dismissal not disproportionate to gravity of substantial breach of policy – dismissal not harsh, unjust or unreasonable – application dismissed. Murphy v Banana Coast Community Credit Union Ltd t/a BCU
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