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In upholding the sacking of a worker accused of defrauding his employer of $12, a Fair Work Commission member denied him procedural fairness, a full bench has ruled.

The bench found Deputy President Theresa Dobson considered the employer's submissions about the alleged fraud and its audit as "evidence", when they hadn't been admitted as such, and she therefore had no grounds to find his dismissal was fair.

The Springtime Poultry employee was dismissed in October 2024 for serious misconduct. Specifically, the employer alleged he deliberately miscounted the number of chickens he had deboned, resulting in a bonus payment that was $12 above his true entitlement, and that he created "disharmony" in the team by telling other workers "not to listen to the boss".

Represented by his union, the employee claimed unfair dismissal, but in March this year Deputy President Dobson accepted the allegations were proven, and that he had "destroyed the trust and confidence" necessary for continued employment...