DAVIS & Shop, Distributive & Allied Employees' Association v BRASHS [1997] IRCA 34
The applicant's conduct in altering a receipt and sending it to a customer, knowing it was not the correct receipt, constituted serious misconduct justifying summary termination. The respondent relied on this reason at termination, and the applicant had an opportunity to respond to this allegation. The employer was justified in terminating the employment on these grounds.
- Jurisdiction
- Australia
- Judgment Date
- 20 February 1997
- Procedural Posture
- Application for Compensation for Alleged Unlawful Termination of Employment / Judgment at First Instance
- Outcome
- Application dismissed
- Legal Topics
- ['termination of Employment' 'misconduct' 'procedural Fairness']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Compensation for Alleged Unlawful Termination of Employment / Judgment at First Instance
Legal Issues
- 1 ['Whether alteration of a receipt and sending of the altered receipt to customer amounted to misconduct justifying termination' 'Whether employer required to afford opportunity to respond where theft was not given as reason for termination']
Ratio Decidendi
The applicant's conduct in altering a receipt and sending it to a customer, knowing it was not the correct receipt, constituted serious misconduct justifying summary termination. The respondent relied on this reason at termination, and the applicant had an opportunity to respond to this allegation. The employer was justified in terminating the employment on these grounds.
Court Disposition
Application dismissed
Orders
- ["The applicant's application is dismissed."]
Full Case Text
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