TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed following an investigation into his company fuel card use which identified that unleaded petrol had been purchased on two occasions over a month, such an occurrence would not have occurred if the applicant was driving diesel vehicle which he was allegedly instructed to drive – applicant denied being told to only drive the diesel vehicle and submitted he drove a multitude of unleaded vehicles and used the fuel card to purchase petrol for those vehicles – applicant admitted to occasionally using the card to purchase fuel for his own vehicle on weekends – Commission found there was a valid reason for dismissal due to the applicant’s breach of the fuel card policy on the weekends – Commission found applicant not provided the appropriate level of procedural fairness on the basis the applicant was not given an opportunity to respond – Commission took into account that the respondent did not enforce a vehicle log book, did not attempt to source CCTV footage from t he relevant petrol station for many weeks after the alleged misuse of the petrol card – found the respondent had not sufficiently made out its accusation of fraudulent behaviour on the two occasions – harsh, unjust and unreasonable – applicant awarded four weeks’ pay plus superannuation. Smith v Buick Holdings P/L t/a DVG Automotive Group – Midland City.
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