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It was unreasonable to summarily dismiss an employee for stealing food from her workplace, without unequivocal evidence that she didn't intend to pay for the items she ate, the Fair Work Commission has ruled.

"The absence of receipts or other proof of payment for the items is not sufficient to establish an intention to steal," Commissioner Damian Sloan said.

The pharmacy assistant had been working at Docs John Hunter Hospital Pharmacy for 14 years when, in September last year, the employer accused her of stealing confectionary items on four recent occasions.

It invited her to a meeting the next day, where it showed her CCTV footage and handed her a termination letter, which stated her actions constituted serious misconduct warranting summary dismissal...