TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant terminated following investigation into declining performance – investigation indicated that applicant had been using company email address to obtain discounts for personal benefit from respondent’s suppliers – amongst other things, investigation also determined applicant had been engaging employees of the respondent to perform work for him of a personal nature during ordinary hours – whether applicant’s dismissal was harsh, unjust or unreasonable – Commission held applicant’s behaviour was deliberate and that it was not unreasonable for respondent to treat conduct as inconsistent with continuation of employment – dismissal not harsh, unjust or unreasonable – application dismissed. Gardiner v Next Residential P/L t/a Next Residential
