TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant terminated due to poor financial performance within SA Branch – following applicant’s subsequent unauthorised removal of information confidential to respondent and personal employee information, respondent purported to summarily dismiss applicant – Commission found applicant failed to manage SA Branch in a manner that returned sustainable financial contribution – valid reason for dismissal – Commission noted that while removal of personal and confidential information would ordinarily constitute a valid reason for dismissal, as conduct occurred post termination respondent was not able to rely on it to support its earlier decision to dismiss -found while applicant was on notice that SA Branch performance unacceptable, never warned employment at risk – Commission held respondent’s failure to warn applicant denied him an opportunity to improve or respond to allegation – rendered dismissal harsh, unjust or unreasonable – applicant unfairly dismissed – reinstatement not appropriate – Sprigg principles applied – 60% discount made due to post dismissal conduct – compensation of $4602 awarded. Welsby v Artis Group P/L.
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