Moskou v Specialist
Diagnostic Services Pty Ltd [2015] FWC 8608 is an example of where summary
dismissal for what occurred was deemed harsh but dismissal with notice would
have been deemed fair. A courier driver,
who was suffering from gastroenteritis, defecated in a client’s carpark and
failed to clean up properly or report the incident to his manager. Commissioner Cribb decided the actions
constituted misconduct but not serious misconduct warranting summary dismissal
and ordered compensation of one week’s pay in lieu of notice
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