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An employer did not act in an "unconscionable" or intimidatory manner when accusing an employee of criminal conduct, however it has failed to prove on appeal that its allegations provided a valid reason to sack her.

In October last year, the Fair Work Commission found Coogee Legion Ex-Service Club unfairly dismissed the manager for failing to pay for a drink during a social event, and for being dishonest during its investigation.

Deputy President Judith Wright rejected the employee had intentionally not paid for the drink, and found the employer had no valid dismissal reason. Rather, CCTV footage suggested the employee had intended to tap on the EFTPOS machine, saw there was no payment recorded on screen, and assumed she'd already paid...