TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for failing to disclose second job as Uber driver – applicant submitted he was not an Uber driver but it was his wife’s franchise who he provided help to during busy periods – respondent argued express term of employment contract required employees to seek permission for second job – further argued that Uber driving interfered with fitness for work and applicant hindered investigation process – applicant provided with ample opportunity to negotiate with employer regarding Uber driving – applicant of the view that even if Uber driving constituted second job, not seeking permission was a genuine mistake – Commission of the view that ss.387(a) – (h) FW Act satisfied – applicant unreasonably refused to provide Uber driving records to respondent – there was a lack of transparency and cooperation from the applicant by denying the truth and misleading the employer – dismissal not harsh, unjust or unreasonable – application dismissed. Jacob v West Australian Newspapers Limited t/a The West Australian
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