TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – three applications for unfair dismissal remedy heard together – Ms Bokori-Mayman, Ms Talarico and Ms Ewels were employed as casual Sales Assistants at the Salvos Stores Sunbury location – each of the applicants were dismissed in January 2017 following a short investigation undertaken by the organisation into the conduct of each, after which it formed the view that each had stolen product from the store – in September 2016 the Salvos Stores Security Coordinator ‘received an anonymous telephone call from a member of the public informing him that a staff member had been observed bringing items out of the Sunbury store and putting them in a car which they then drove off in’ – the respondent responded to the notification by installing video surveillance cameras in the Sunbury store – 15 days of recording was undertaken between 6 December 2016 and 20 December 2016 – footage showed suspicious activity – allegations letter sent to each of the three applicants – opportunity to respond at meeting – applicants employment terminated due to misconduct – after reviewing each of the allegations made against the three applicants the Commission found that Salvos Stores had a valid reason for Ms Talarico’s and Ms Bokori-Mayman’s dismissal – found no valid reason for Ms Ewels’ termination of employment – found Ms Talarico and Ms Bokori-Mayman were not unfairly dismissed – found that Ms Ewels was unfairly dismissed – ordered Salvos Stores to pay to Ms Ewels the total amount of $3,823 taxed according to law – applications by Ms Talarico and Ms Bokori-Mayman dismissed. Bokori-Mayman and Ors v TSA (VIC) Property Trust as Trustee the Salvation Army (Vic) Social Work t/a The Salvation Army Salvo Stores
