To determine a valid reason relating to conduct, the Commission must determine whether, on the balance of probabilities, the conduct allegedly engaged in by the employee actually occurred.
The Fair Work Commission will not stand in the shoes of the employer and determine what the Commission would do if it was in the position of the employer. The question the Commission must address is whether there was a valid reason for the dismissal.
The test is not whether the employer believed on reasonable grounds, after sufficient inquiry, that the employee was guilty of the conduct. The Commission must make a finding as to whether the conduct occurred based on the evidence before it.
Inconsistent treatment of previous similar conduct by other employees in the workplace is an issue that can be relevant.
An employee's dishonesty may constitute misconduct and a valid reason for dismissal. However, dishonesty does not automatically make the dismissal of an employee one that is not unfair.
A single foolish, dishonest act may not always, in the circumstances of a particular case, justify summary dismissal.
The failure of the employee to follow the employer's lawful and reasonable directions can constitute a valid reason for dismissal.