TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed from 2 July 1990 and terminated on 2 June 2015 – applicant dismissed when the respondent became aware he was working for another employer, Essential Imaging (EI) – applicant had arranged a meeting for EI to tender a product to the respondent – had not declared his relationship with EI to the respondent – applicant had also received two prior warnings for misconduct – respondent submitted that applicant had a conflict of interest in setting up the meeting with EI and this combined with the applicant’s two previous warnings for misconduct was a valid reason for his termination – applicant submitted his work with EI was not a conflict of interest and thus his dismissal was harsh, unjust or unreasonable – Commission held applicant’s failure to disclose his involvement with EI, when considered with the two warnings previous issued to him, was destructive of the necessary confidence between the employer and employee – found valid reason for dismissal – held applicant’s length of service did not undermine the validity of his dismissal – dismissal not harsh, unjust or unreasonable – application dismissed. Liapis v Cryovac Australia P/L t/a Sealed Air
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