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Using a work email address to enquire about a job opportunity wasn't serious misconduct that warranted summary dismissal, the Fair Work Commission has ruled.

The manager appeared to have breached his obligation not to use his employer's email system for personal reasons, but Deputy President Tony Slevin said his conduct wasn't "serious or persistent".

The Commission heard that shortly before dismissing the national sales manager in September last year, beverage company Volando Group discovered he had used his business email address to send his resume to a third party.

In his email and resume, the manager expressed eagerness to transition into the health and wellness space, and stated he would "love to have a chat with someone if the opportunity presents". He also said: "These things always feel better with a direct connection for both parties."...