TERMINATION OF EMPLOYMENT – termination at initiative of employer – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a cleaner – applicant dismissed for making a cup of coffee at the premises of a tenant shortly before commencing his shift – respondent argued applicant engaged in theft and had caused a serious and imminent risk to the reputation, viability or profitability of business – respondent did not identify that there was anything adverse to applicant on his employment record – degree of factual dispute about the conduct of Toolbox Talks which had as its topic Serious Misconduct in the Workplace – prior to incident respondent had accepted, and had then consumed a cup of coffee with his supervisor at premises of a tenant – some minor failing or trivial misdemeanour on the part of the employee could not constitute a valid reason for dismissal simply because it was proven to have occurred [Selvachandran] – Commission found conduct upon which dismissal was based was insignificant to the extent that it could not constitute a sound, defensible or well-founded reason for his dismissal – Commission held applicant be reinstated to the position of cleaner he held immediately before his dismissal – ordered payment of $9187.20, less applicable taxation for lost remuneration. Bista v Glad Group P/L t/a Glad Commercial Cleaning
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