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Insufficient evidence renders misconduct dismissal unfair

In the absence of "specific and cogent evidence" to supports its serious misconduct allegations, an employer couldn't prove it had a valid reason to sack an employee, the Fair Work Commission has found.

The employer's performance warning to the employee also lacked "detail and substance", said Deputy President Gerard Boyce, in clarifying what such a warning should include.

Real estate company Agius Property Group Pty Ltd claimed it dismissed the property manager in September last year for poor performance and serious misconduct after she allegedly deleted and redirected work emails and calendar entries...

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