TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent alleged applicant had engaged in stealing and defrauding the business – respondent sent applicant letter regarding termination with immediate effect – respondent stated the applicant assisted a former employee of the respondent to invoice himself Sydney tools equipment for $200 which had retail value of $4500 – Commission determined respondent lacked any evidence to support allegations of stealing and fraud made in termination letter – Commission found termination harsh and unjust – ordered compensation of $12,461.58 plus 9.5% superannuation, taxed appropriately. Small v Sydney Tools
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