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Unfair to sack employee based on undocumented policies

Dismissing an employee for serious misconduct based on undocumented policies and "informal" processes has cost an employer more than $23k.

Based on the available evidence, the employee hadn't breached her contractual, statutory or fiduciary duties, as the employer contended, Fair Work Commissioner Jessica Rogers found.

Property developer Villawood Management sacked the senior development manager in November last year. It alleged she'd failed to disclose a conflict of interest and had obtained a financial benefit at the expense of its commercial interests, amounting to serious misconduct.

In unfair dismissal proceedings, the Commission heard the employer was managing the subdivision and sale of land in a development that was owned by its associated entity...

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