TERMINATION OF EMPLOYMENT – valid reason – s.394 Fair Work Act 2009 – applicant dismissed for excessive personal use of phone and subsequent refusal to agree to repayment plan – international call costs incurred totalled $22,630 – Commission accepted applicant not aware of Acceptable Use Guideline but he was aware of IT policy – IT policy made argument that applicant had unlimited personal international phone calls untenable unfeasible – applicant originally warned rather than dismissed – respondent dismissed applicant when relationship reached point of breakdown – applicant’s refusal to repay money unreasonable – respondent had suggested a three year repayment plan but indicated openness to discuss alternatives – unreasonable of applicant not to enter into repayment agreement – valid reason for dismissal – applicant notified of reason and given opportunity to respond – no procedural deficiencies affected dismissal – Commission accepts that had applicant been notified earlier of excessive use he would not have accrued such a significant debt – respondent had attempted to negotiate over a nine month period – respondent acted reasonably in relation to matter while applicant’s position in relation to matter hardened – dismissal not unfair – applicant dismissed. Applicant v NBN Co Limited t/a NBN
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